Appeal Process

A BAP appeal is when three bankruptcy judges review a decision made by the bankruptcy court. These judges are experts in bankruptcy law. Their job is only to decide if the bankruptcy court’s decision was correct. They cannot give you something you did not first ask the bankruptcy court to do.

How does a BAP appeal work?

In an appeal, both sides send information to the BAP so the judges can review the bankruptcy court’s decision. Some steps happen at the bankruptcy court, and others happen at the BAP.

The Litigant's Manual is for attorneys and people representing themselves in bankruptcy appeals before the Ninth Circuit Bankruptcy Appellate Panel (BAP). It explains what cases the BAP can hear, the steps in the process, and the rules you need to follow.

If you are representing yourself in your appeal

The Information Useful for Pro Se Litigants PDF describes the overall process and provides some basic forms that you can use for your bankruptcy appeal.

Steps in a BAP Appeal

1. File a notice of appeal.

• You start by filing a notice of appeal at the bankruptcy court.

• If you already have a BAP case number, you have done this step.

• You must also pay a $298 filing fee at the bankruptcy court.

2. Write a statement of issues.

• Tell the BAP what part of the bankruptcy court’s decision you disagree with.

• This is called a “Statement of Issues on Appeal.”

• You can keep it simple. Example: I think the bankruptcy court was wrong when it ____________.

• A sample Statement of Issues form (PDF) is available. File the form at the bankruptcy court.

3. List the record from the bankruptcy court.

• Make a list of the papers and exhibits the bankruptcy court used to make its decision.

• This list is called the “Designation of Record.”

• It includes:

  • documents (motions, complaints, responses, etc.)

  • exhibits shown at trial

  • any transcripts (a written version of what was said in court)

• A sample Designation of Record form (PDF) is available.

• Or you can print the bankruptcy court docket, circle the items used, write “Designation of Record” at the top, sign it, and file it.

4. Order transcripts if needed.

• If the bankruptcy court held a hearing or trial, it was recorded.

• To include what was said, you must order a transcript from the bankruptcy court.

• Use the sample Transcript Statement form (PDF) and file it at the bankruptcy court.

• This form alone is not enough—you must also follow the bankruptcy court’s instructions for ordering.

• Let the BAP know if you order a transcript.

5. Write your brief.

• A brief is where you explain why you think the bankruptcy court was wrong.

• If you are representing yourself, you may use the BAP’s simple form (PDF).

• Keep your brief to 30 pages or fewer. Attach extra pages if you need them.

• If you are the appellant (the one who filed the appeal), you file first. The court will send you a briefing order with your deadline.

• If you are the appellee (the other party), you file your brief second, 21 days after the appellant files.

6. Judges review the case.

• After all briefs are filed, three BAP judges review the case.

• They may schedule oral argument (a hearing where each side explains their position) or decide based only on the paperwork.

• If asked, you can tell the court if you want oral argument.

7. Get the decision.

• The BAP judges will make their decision after reviewing everything. 

• Most BAP appeals are finished within 10 months of the date the notice of appeal is filed.

• You will receive the written decision by mail.