Fed. R. Bankr. P. 8009

(a) DESIGNATING THE RECORD ON APPEAL; STATEMENT OF THE ISSUES; CONTENT OF THE RECORD.

(1) Appellant’s Designation and Statement of the Issues. The appellant must:

(A) file with the bankruptcy clerk a designation of the

items to be included in the record on appeal and a statement of the issues to be presented; and

(B) file and serve the designation and statement on the

appellee within 14 days after:

• the notice of appeal as of right has become effective

under Rule 8002; or

• an order granting leave to appeal has been entered.

Premature service is treated as service on the first day on

which filing is timely.

(2) Appellee’s and Cross-Appellant’s Designation and Statement

of the Issues.

(A) Appellee. Within 14 days after being served, the appellee may file with the bankruptcy clerk and serve on the

appellant a designation of additional items to be included

in the record.

(B) Cross-Appellant. An appellee who files a cross-appeal

must file and serve a designation of additional items to be

included in the record and a statement of the issues to be

presented on the cross-appeal.

(3) Cross-Appellee’s Designation. Within 14 days after the

cross-appellant’s designation and statement have been served,

the cross-appellee may file with the bankruptcy clerk and

serve on the cross-appellant a designation of additional items

to be included in the record.

(4) Record on Appeal. The record on appeal must include:

• the docket entries kept by the bankruptcy clerk;

• items designated by the parties;

• the notice of appeal;

• the judgment, order, or decree being appealed;

• any order granting leave to appeal;

• any certification required for a direct appeal to the

court of appeals;

• any opinion, findings of fact and conclusions of law relating to the issues on appeal, including transcripts of all

oral rulings;

105 Rule 8009 FEDERAL RULES OF BANKRUPTCY PROCEDURE

• any transcript ordered under (b);

• any statement required by (c); and

• any other items from the record that the court where

the appeal is pending orders to be included.

(5) Copies for the Bankruptcy Clerk. If paper copies are needed

and the bankruptcy clerk requests copies of designated items,

the party filing the designation must provide them. If the

party fails to do so, the bankruptcy clerk must prepare them

at that party’s expense.

(b) TRANSCRIPT OF PROCEEDINGS.

(1) Appellant’s Duty to Order. Within the period prescribed by

(a)(1), the appellant must:

(A) order in writing from the reporter, as defined in Rule

8010(a)(1), a transcript of such parts of the proceedings not

already on file as the appellant considers necessary for the

appeal, and file a copy of the order with the bankruptcy

clerk; or

(B) file with the bankruptcy clerk a certificate stating

that the appellant is not ordering a transcript.

(2) Appellee’s Duty to Order as a Cross-Appellant. Within 14

days after the appellant has filed a copy of the transcript

order—or a certificate stating that the appellant is not ordering a transcript—the appellee as cross-appellant must:

(A) order in writing from the reporter a transcript of

such additional parts of the proceedings as the cross-appellant considers necessary for the appeal, and file a copy of

the order with the bankruptcy clerk; or

(B) file with the bankruptcy clerk a certificate stating

that the cross-appellant is not ordering a transcript.

(3) Appellee’s or Cross-Appellee’s Right to Order. Within 14 days

after the appellant or cross-appellant has filed a copy of a

transcript order—or a certificate stating that the appellant or

cross-appellant is not ordering a transcript—the appellee or

cross-appellee:

(A) may order in writing from the reporter a transcript

of any additional parts of the proceeding that the appellee

or cross-appellee considers necessary for the appeal; and

(B) must file a copy of the order with the bankruptcy

clerk.

(4) Payment. At the time of ordering, a party must make satisfactory arrangements with the reporter to pay for the transcript.

(5) Unsupported Finding or Conclusion. If the appellant intends to argue on appeal that a finding or conclusion is unsupported by the evidence or is contrary to the evidence, the appellant must include in the record a transcript of all relevant

testimony and a copy of all relevant exhibits.

(c) WHEN A TRANSCRIPT IS UNAVAILABLE.

(1) Statement of the Evidence. If a transcript of a hearing or

trial is unavailable, the appellant may prepare a statement of

the evidence or proceedings from the best available means, including the appellant’s recollection. The statement must be

filed within the time prescribed by (a)(1) and served on the appellee.

(2) Appellee’s Response. The appellee may serve objections or

proposed amendments within 14 days after being served.

106 Rule 8009 FEDERAL RULES OF BANKRUPTCY PROCEDURE

(3) Court Approval. The statement and any objections or proposed amendments must then be submitted to the bankruptcy

court for settlement and approval. As settled and approved,

the statement must be included by the bankruptcy clerk in

the record on appeal.

(d) AGREED STATEMENT AS THE RECORD ON APPEAL.

(1) Agreed Statement. Instead of the record on appeal as defined in (a), the parties may prepare, sign, and submit to the

bankruptcy court a statement of the case showing how the issues presented by the appeal arose and were decided in the

bankruptcy court.

(2) Content. The statement must set forth only those facts

alleged and proved or sought to be proved that are essential to

the court’s resolution of the issues. If the statement is accurate, it—together with any additions that the bankruptcy

court considers necessary to a full presentation of the issues

on appeal—must be:

(A) approved by the bankruptcy court; and

(B) certified to the court where the appeal is pending as

the record on appeal.

(3) Time to Send the Agreed Statement to the Appellate Court.

The bankruptcy clerk must then send the agreed statement to

the clerk of the court where the appeal is pending within the

time provided by Rule 8010. A copy may be filed in place of the

appendix required by Rule 8018(b) or, in the case of a direct appeal to the court of appeals, by Fed. R. App. P. 30.

(e) CORRECTING OR MODIFYING THE RECORD.

(1) Differences About Accuracy; Improper Designations. If any

difference arises about whether the record accurately discloses

what occurred in the bankruptcy court, the difference must be

submitted to and settled by the bankruptcy court and the

record conformed accordingly. If an item has been improperly

designated as part of the record on appeal, a party may move

to strike that item.

(2) Omissions and Misstatements. If anything material to either party is omitted from or misstated in the record by error

or accident, the omission or misstatement may be corrected,

and a supplemental record may be certified and sent:

(A) on stipulation of the parties;

(B) by the bankruptcy court before or after the record

has been sent; or

(C) by the court where the appeal is pending.

(3) Remaining Questions. All other questions about the form

and content of the record must be presented to the court

where the appeal is pending.

(f) SEALED DOCUMENTS.

(1) In General. A document placed under seal by the bankruptcy court may be designated as a part of the record on appeal. But a document so designated:

(A) must be identified without revealing confidential or

secret information; and

(B) may be sent only as (2) prescribes.

(2) When to Send a Sealed Document. To have a sealed document sent as part of the record, a party must file in the court

where the appeal is pending a motion to accept the document

107 Rule 8010 FEDERAL RULES OF BANKRUPTCY PROCEDURE

under seal. If the motion is granted, the movant must notify

the bankruptcy court, and the bankruptcy clerk must promptly send the sealed document to the clerk of the court where

the appeal is pending.

(g) DUTY TO ASSIST THE BANKRUPTCY CLERK. All parties to an appeal must take any other action needed to enable the bankruptcy

clerk to assemble and send the record.

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

1, 2024.)