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United States · Federal bankruptcy

When must a bankruptcy appellant designate the record and state the issues?

The appellant must file and serve the record designation and statement of issues within 14 days after an appeal as of right becomes effective or an order granting leave to appeal is entered.

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Period
14 calendar days
Trigger
Effective appeal as of right, or entry of an order granting leave
Rule
FRBP 8009(a)(1)
Federal Rules of Bankruptcy Procedure

December 1, 2025 compilation

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Which date starts this period?

For an appeal as of right, Rule 8009(a)(1)(B) starts the period when the notice becomes effective under Rule 8002.

For a permitted interlocutory appeal, use entry of the order granting leave. Do not replace that event with the application date.

Under Rule 8002(b)(2), a notice filed before disposition of a qualifying motion becomes effective when the last remaining qualifying motion is disposed of by an entered order.

FRBP 8009(a)(1)

How is the 14-day period counted?

  1. Use the effective appeal date or entered leave order. A notice filed while a qualifying motion remains pending may not yet be effective.
  2. Exclude that day.
  3. Count 14 calendar days.
  4. A final Saturday, Sunday or legal holiday carries the period to the next day that is not. State holidays and clerk inaccessibility require separate checks.

The appellant must both file and serve within the same period. Rule 8009(b)(1) also requires a transcript order and copy, or a certificate that no transcript is being ordered, within that period.

Rule 9006(a)

What does a worked calculation look like?

Fictitious example

An appeal as of right became effective on August 3. August 4 through August 17 supplies 14 days. The final day is Monday.

Example counting steps
StepWhat is countedDate
TriggerEffective appeal as of right, or entry of an order granting leaveAugust 3, 2026
Count14 calendar days after the triggerAugust 17, 2026
Example resultMonday, August 17, 2026

Fictitious dates. No additional state holiday, closure or case order is assumed.

Try these dates in the calculator

Can an exception or order change the deadline?

Qualifying pending motion
A Rule 8002(b)(2) motion can defer effectiveness of an already filed notice. Establish the effective date before counting.
Additional designations
An appellee’s additional designation follows service of the appellant designation. A cross-appellee has its own Rule 8009(a)(3) trigger.
Missing transcript
Rule 8009(c) provides for a statement of the evidence when a transcript is unavailable. That statement has its own preparation, service and approval duties.
FRBP 8009(a)(1)
  • The calculator applies the stated ordinary period. It does not infer a court order or choose the applicable procedural branch.

What should I check before filing?

Common questions

The procedure and starting event

Does filing the notice always start these 14 days?

No. Rule 8009 uses effectiveness of the notice under Rule 8002. A qualifying pending motion can postpone that event.

Rule 8002(b)(2)

Which date applies when leave to appeal is granted?

Use entry of the order granting leave. Rule 8009(a)(1)(B) expressly identifies that event.

Rule 8009(a)(1) and (b)(1)

Is the transcript ordered on a separate timetable?

The appellant’s initial transcript order, and its filed copy, or the no-transcript certificate, are due within the Rule 8009(a)(1) period.

Rule 8009(a)(1) and (b)(1)

Exceptions and filing

Does the appellee use my effective appeal date?

The appellee’s additional designation normally follows service of the appellant’s designation under Rule 8009(a)(2)(A). Do not use this appellant preset for that response.

Rule 8009(a)(1) and (b)(1)

What if day 14 falls on a weekend?

Rule 9006(a)(1)(C) continues the period to the next day that is not a Saturday, Sunday or legal holiday. Also check district state holidays and clerk inaccessibility.

Rule 9006(a)

Does the date determine the electronic filing cutoff?

Rule 9006(a)(4) normally uses midnight in the court time zone for electronic filing. A statute, local rule or order can set another time.

Rule 9006(a)(3), (4) and (6)

Do intermediate weekends and holidays count?

Rule 9006(a)(1)(B) counts every intermediate day, including weekends and legal holidays. Its final-day treatment is a separate step.

Rule 9006(a)

What if the clerk’s office is inaccessible on the last day?

Unless the court orders otherwise, Rule 9006(a)(3)(A) extends a filing due that day to the first accessible day that is not a Saturday, Sunday or legal holiday.

Rule 9006(a)(3), (4) and (6)

Official sources and review

Provisions used (5)
Provisions used in this guide
ProvisionPurpose
Rule 8009(a)(1), (2) and (b)(1)Appellant filing and service, other designations, transcript order or certificate
Rule 8002(b)(2)Effectiveness of a notice filed before disposition of a qualifying motion
Rule 8009(c)Statement when a transcript is unavailable
Rule 9006(a)Calendar-day computation and final-day treatment
Rule 9006(a)(3), (4) and (6)Clerk inaccessibility, filing cutoff and applicable legal holidays
Read the official Bankruptcy Rules compilation

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