10 Collier on Bankruptcy P 8001.01

Summary

Part VIII of the Federal Rules of Bankruptcy Procedure contains the procedure for appeals of orders, judgments, and decrees of bankruptcy courts. The Part VIII Rules also address direct appeals from the bankruptcy courts to the courts of appeals as permitted by 28 U.S.C. § 158(d). The 28 rules contained in Part VIII all became effective on December 1, 2014. Eleven of the rules—8002, 8006, 8007, 8010, 8011, 8013, 8015, 8016, 8017, 8021 and 8022—were amended effective December 1, 2018. At the same time, a new Rule 8018.1 was added. The philosophy that underlies the new rules is that, insofar as is possible, the Part VIII rules should conform to their counterparts in the Federal Rules of Appellate Procedure.

It is against this background that Rule 8001 is to be considered. Subdivision (a) sets out the scope of the Part VIII rules, while subdivision (b) defines the term “BAP.” Finally, subdivision (c) recognizes that most if not all of the bankruptcy courts have adopted rules regarding ...