Time to File a Notice of Appeal

U.S Code last checked for updates: Apr 04, 2025

Rule 8002.

(a)

In General.

(1)

Time to File. Except as (b) and (c) provide otherwise, a notice of appeal must be filed with the bankruptcy clerk within 14 days after the judgment, order, or decree to be appealed is entered.

(2)

Filing Before the Entry of Judgment. A notice of appeal filed after the bankruptcy court announces a decision or order—but before entry of the judgment, order, or decree—is treated as filed on the date of and after the entry.

(3)

Multiple Appeals. If one party timely files a notice of appeal, any other party may file a notice of appeal within 14 days after the date when the first notice was filed, or within the time otherwise allowed by this rule—whichever is later.

(4)

Mistaken Filing in Another Court. If a notice of appeal is mistakenly filed in a district court, BAP, or court of appeals, that court’s clerk must note on it the date when it was received and send it to the bankruptcy clerk. The notice is then considered filed in the bankruptcy court on the date noted.

(5)

Entry Defined.

(A)

In General. A judgment, order, or decree is entered for purposes of this subdivision (a):

(i)

when it is entered in the docket under Rule 5003(a); or

(ii)

if Rule 7058 applies and Fed. R. Civ. P. 58(a) requires a separate document, when the judgment, order, or decree is entered in the docket under Rule 5003(a) and when the earlier of these events occurs:

• the judgment, order, or decree is set out in a separate document; or

(B)

Failure to Use a Separate Document. A failure to set out a judgment, order, or decree in a separate document when required by Fed. R. Civ. P. 58(a) does not affect the validity of an appeal from that judgment, order, or decree.

(b)

Effect of a Motion on the Time to Appeal.

(1)

In General. If a party files in the bankruptcy court any of the following motions—and does so within the time allowed by these rules—the time to file an appeal runs for all parties from the entry of the order disposing of the last such remaining motion:

(A)

to amend or make additional findings under Rule 7052, whether or not granting the motion would alter the judgment;

(B)

to alter or amend the judgment under Rule 9023;

(C)

for a new trial under Rule 9023; or

(D)

for relief under Rule 9024 if the motion is filed within 14 days after the judgment is entered.

(2)

Notice of Appeal Filed Before a Motion Is Decided. If a party files a notice of appeal after the court announces or enters a judgment, order, or decree—but before it disposes of any motion listed in (1)—the notice becomes effective when the order disposing of the last such remaining motion is entered.

(3)

Appealing a Ruling on a Motion. A party intending to challenge an order disposing of a motion listed in (1)—or an alteration or amendment of a judgment, order, or decree made by a decision on the motion—must file a notice of appeal or an amended notice of appeal. It must:

(A)

comply with Rule 8003 or 8004; and

(B)

be filed within the time allowed by this rule, measured from the entry of the order disposing of the last such remaining motion.

(4)

No Additional Fee for an Amended Notice. No additional fee is required to file an amended notice of appeal.

(c)

Appeal by an Inmate Confined in an Institution.

(1)

In General. If an institution has a system designed for legal mail, an inmate confined there must use that system to receive the benefit of this paragraph (1). If an inmate files a notice of appeal from a bankruptcy court’s judgment, order, or decree, the notice is timely if it is deposited in the institution’s internal mail system on or before the last day for filing and:

(A)

it is accompanied by:

(i)

a declaration in compliance with 28 U.S.C. § 1746—or a notarized statement—setting out the date of deposit and stating that first-class postage is being prepaid; or

(ii)

evidence (such as a postmark or date stamp) showing that the notice was so deposited and that postage was prepaid; or

(B)

the appellate court exercises its discretion to permit the later filing of a declaration or notarized statement that satisfies (A)(i).

(2)

Multiple Appeals. If an inmate files under this subdivision (c) the first notice of appeal, the 14-day period provided in (a)(3) for another party to file a notice of appeal runs from the date when the bankruptcy clerk dockets the first notice.

(d)

Extending the Time to File a Notice of Appeal.

(1)

When the Time May Be Extended. Except as (2) provides otherwise, the bankruptcy court may, on motion, extend the time to file a notice of appeal if the motion is filed:

(A)

within the time allowed by this rule; or

(B)

within 21 days after that time expires if the party shows excusable neglect.

(2)

When the Time Must Not Be Extended. The bankruptcy court must not extend the time to file the notice if the judgment, order, or decree being appealed:

(A)

grants relief from an automatic stay under § 362, 922, 1201, or 1301;

(B)

authorizes the sale or lease of property or the use of cash collateral under § 363;

(C)

authorizes obtaining credit under § 364;

(D)

authorizes assuming or assigning an executory contract or unexpired lease under § 365;

(E)

approves a disclosure statement under § 1125; or

(F)

confirms a plan under § 943, 1129, 1225, or 1325.

(3)

Limit on Extending Time. An extension of time must not exceed 21 days after the time allowed by this rule, or 14 days after the order granting the motion to extend time is entered—whichever is later.

(Added Apr. 25, 2014, eff. Dec. 1, 2014; amended Apr. 26, 2018, eff. Dec. 1, 2018; Apr. 2, 2024, eff. Dec. 1, 2024.)