Notice of Appeal
(Final Bankruptcy Order)


Summary

This notice of appeal template is for use by a party seeking to appeal a final order of the bankruptcy court. This template includes practical guidance, drafting notes, and alternate and optional clauses. The rules governing appeals of bankruptcy court orders are generally set forth in Section 158 of Title 28 of the United States Code (U.S. Code) and the Federal Rules of Bankruptcy Procedure (Bankruptcy Rules) 8001–8028. 28 U.S.C. § 158; Fed. R. Bankr. P. 8001–8028. The first inquiry when considering an appeal is whether the bankruptcy court's judgment, order, or decree is immediately appealable. Final judgments and orders are immediately appealable as a matter of right and interlocutory orders may be appealed only with the permission of the appellate court. 28 U.S.C. § 158(a)–(b); Fed. R. Bankr. P. 8003, 8004. Pursuant to Bankruptcy Rule 8003, the notice of appeal of a final order must: • Conform substantially to the appropriate official form (Official Form 417A) • Be accompanied by ...