10A 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 to district courts and bankruptcy appellate panels. 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). Twenty-eight of the rules contained in Part VIII originally 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. Rule 8023.1 was added effective December 1, 2024. The philosophy that underlies the Part VIII rules is that, insofar as is possible, they 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.” ...