Designation of Record and Statement of Issues

The appellant must file with the bankruptcy clerk and serve on the appellee a designation of the items to be included in the record on appeal and a statement of the issues to be presented.  The appellant must file and serve the designation and statement within 14 days after (i) the appellant’s notice of appeal as of right becomes effective under Rule 8002 or (ii) an order granting leave to appeal is entered.  A designation and statement served prematurely must be treated as served on the first day on which filing is timely.  Within 14 days after being served, the appellee may file with the bankruptcy clerk and serve on the appellant a designation of additional items to be included in the record.  An appellee who files a cross-appeal must file and serve a designation of additional items to be included in the record and a statement of the issues to be presented on the cross-appeal.  See Fed. R. Bankr. P. 8009.

Parties should not provide copies of the designated items to the bankruptcy court.  The designated items of the record on appeal must be presented to this Court by the parties in the appendices as required by Rule 8018(b) and Local Rule 8018-1.

If an appellant or cross-appellant does not file a designation of record and statement of issues with the bankruptcy court, the Court, after notice and order to show cause, will dismiss the appeal for failure to prosecute.  See 10th Cir. BAP L.R. 8026-4(c).