United States · Bankruptcy appellate procedure
When must counsel file a direct bankruptcy appeal representation statement?
FRAP 6(c)(2)(K) gives each party’s attorney fourteen days after authorization-order entry unless the court of appeals designates another time. File a statement with the circuit clerk naming the parties represented on appeal. The duty applies to each party’s attorney, not only the appellant’s attorney.
- Period
- Fourteen calendar days after the verified triggering event
- Trigger
- Entry of the direct-appeal authorization order, when no different representation period is designated
- Rule
- FRAP 6(c)(2)(K)
December 1, 2025 compilation
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Which event starts this bankruptcy appellate procedure?
Read the direct-appeal authorization order and verify its entry date.
Check whether the court of appeals designated another time for representation statements.
Identify each attorney’s represented parties and the circuit clerk’s filing requirements.
Do not substitute certification, original bankruptcy notice or later circuit record filing.
FRAP 6(c)(2)(K)How is the fourteen-day default counted?
- Verify the scoped appeal route and actual triggering event.
- Exclude that triggering day.
- Count fourteen calendar days.
- Check final-day holidays, inaccessibility and actual directions.
Exclude the verified triggering day and count every calendar day under FRAP 26(a)(1). If the final day is a Saturday, Sunday or legal holiday, continue to the next open day. Check actual inaccessibility and any applicable order.
FRAP 26(a)(6) includes the listed federal holidays and days declared holidays by the President or Congress. For a period after an event, it also includes holidays declared by the state where the challenged district court or the circuit clerk’s principal office is located. Read the Rule 6 court substitutions, actual court calendar and closure notices. The national calculator does not infer extra state holidays or inaccessibility.
FRAP 26(a)(4)–(6), (b) and (c)What does a worked calculation look like?
Fictitious example
In a fictitious scoped proceeding, the direct-appeal authorization order is validly entered on July 6, 2026. Exclude July 6. Fourteen calendar days ends on Monday, July 20. Assume no additional state holiday, inaccessibility or different court direction.
| Step | What is counted | Date |
|---|---|---|
| Trigger | Direct-appeal authorization entry | July 6, 2026 |
| Count | Fourteen calendar days after the verified event | July 20, 2026 |
Fictitious dates. Assume no extra holiday, inaccessibility or different court direction. Verify the actual required act and clerk.
Try these dates in the calculatorWhich qualifications change the procedure?
- Every party’s attorney
- Rule 6(c)(2)(K) assigns the duty to the attorney for each party, not solely to the appellant’s attorney.
- A different designated time
- The fourteen-day period is the default. An actual different time designated by the court of appeals controls this representation procedure.
- Circuit filing and named parties
- File with the circuit clerk and name the parties the attorney represents on appeal.
- Separate record and ordinary route
- Rule 6(c)(1)(A) excludes Rules 9–12 on this direct route. Rule 6(c)(2)(H)–(J) governs record steps separately. Rule 12(b)’s ordinary notice-filing trigger is not this trigger.
- This guide does not establish appellate jurisdiction, decide whether certification became effective, read case orders or supply a court-specific fee amount.
- Initial bankruptcy notice, underlying record assembly, stay requests and direct-appeal authorization require their own procedures.
What should I check before completing this act?
Common questions
Scope and procedural completion
Does only the appellant’s attorney file this statement?
No. Rule 6(c)(2)(K) requires the attorney for each party to file a statement naming the represented parties.
FRAP 6(c)(2)(G)–(K)Can the court designate another representation time?
Yes. Rule 6(c)(2)(K) makes the fourteen-day period conditional on the court not designating another time.
FRAP 6(c)(2)(G)–(K)Does Rule 12(b)’s notice-filing trigger control here?
No. Rule 6(c)(1)(A) excludes Rules 9–12 for this direct route. Rule 6(c)(2)(K) uses authorization-order entry.
FRAP 6(c)(1)–(2)(F)Official sources and scope
Provisions used (9)
| Provision | Purpose |
|---|---|
| FRAP 6(c)(2)(K) | The required act, actor and starting event |
| FRAP 6(b)(1)–(2)(A) | District-court and BAP appellate route and rehearing qualifications |
| FRAP 6(b)(2)(B)–(D) | Record designation, availability and filing are separate acts |
| FRAP 6(c)(1)–(2)(F) | Direct-appeal scope, authorization entry, fees and docketing |
| FRAP 6(c)(2)(G)–(K) | Direct record procedures and representation statement |
| FRAP 26(a) | Counting and inaccessibility |
| FRAP 26(a)(4)–(6), (b) and (c) | Filing boundaries, holidays, extensions and service additions |
| FRAP 25(a)(1)–(2) | Filing and separate service |
| FRAP 25(b)–(d) | Filing and separate service |