Adversary Proceeding’s “Memorandum and Order” Is Not Final & Appealable (Campbell v. Radiance)

Fed.R.Bankr.P. 8002(a) provides that “a notice of appeal must be filed with the bankruptcy clerk within 14 days after entry of the judgment, order, or decree being appealed.”

This time limit is jurisdictional and, in the absence of a timely notice of appeal, the district court is wholly without jurisdiction to consider the appeal, even when the appellant can demonstrate excusable neglect.

Fed.R.Civ.P. 58(a) and Fed.R.Bankr.P. 7058 add this requirement for adversary proceedings:

“Every judgment and amended judgment must be set out in a separate document.”Fn. 1]

These federal rules are applied by the U.S. District Court for the Southern District of New York in Campbell v. Radiance Capital Receivables Twelve, LLC, Case No. 26-CV-02134, decided April 28, 2026. Here is a summary of the Campbell v. Radiance opinion.

Background

Creditor files an adversary proceeding in Bankruptcy Court, seeking damages and a declaration that certain of Debtor’s obligations to Creditor are not dischargeable.

Both Creditor and Debtor move for summary judgment. On January 12, 2026, the Bankruptcy Court issues a fourteen page “Memorandum Decision and Order” that rules in Creditor’s favor.

On January 28, 2026, Debtor moves the Bankruptcy Court for an extension of time to file a notice of appeal. The Bankruptcy Court:

denies the motion;
says the Memorandum Decision and Order is a final order for appeal purposes but that the Court will enter a separate judgment as a formality; and
enters Judgment on February 4, 2026.

On February 12, 2026, (8 days after entry of the Judgment and 31 days after entry of the “Memorandum Decision and Order”), Debtor files a notice of appeal.

The Bankruptcy Court rules that Debtor’s February 12, 2026, notice of appeal is untimely.

And the District Court reverses.

District Court’s Rationale

Debtor’s principal argument is that the Bankruptcy Court’s “Memorandum Decision and Order” does not meet the “separate document” requirement of FRCP 58(a) and, thus, did not start the 14-day clock for filing a notice of appeal.

The District Court agrees with Debtor’s argument. Here’s why.

–Rule 8002

Fed.R.Bankr.P. 8002(a) provides that “a notice of appeal must be filed with the bankruptcy clerk within 14 days after entry of the judgment, order, or decree being appealed.”

The Rule 8002(a) time limit is jurisdictional and, in the absence of a timely notice of appeal, the district court is wholly without jurisdiction to consider the appeal, regardless of whether the appellant can demonstrate “excusable neglect.”

–Rules 58 & 7058

Fed.R.Civ.P. 58 and Fed.R.Bankr.P. 7058 direct the clerk of the court to enter judgment in favor of a prevailing party on a “separate document” following a decision by the court, which document informs the parties that the court has reached a final decision. And it is the filing of this “separate document” that starts the appeal deadline clock.

The U.S. Supreme Court has unanimously held that Rule 58 must be mechanically applied in order to avoid uncertainties as to the date on which a judgment is entered.

While it may be possible to appeal in advance of a Rule 58 judgment, it is never necessary to do so.

Orders granting summary judgment are typically subject to the “separate document” requirement of Rule 58(a).

A one-sentence order denying a motion satisfies the requirement of Rule 58(a), but an order that is part of an opinion or memorandum does not:

to be “separate,” a judgment must be apart from any document detailing either the court’s factual findings or the legal basis of the court’s ruling; and
it may not be part of a memorandum or opinion.

The Second Circuit interprets Rule 58’s requirements to prevent the loss of an appeal whenever reasonable—not to facilitate such a loss.

–Rules Applied

Here, the Bankruptcy Court’s January 12, 2026, Memorandum Decision and Order does not satisfy Rule 58(a)’s separate document requirement because it:

is a fourteen-page decision; and
contains detailed legal analysis and reasoning.

Instead, the Bankruptcy Court’s February 4, 2026, Judgment is the separate document required by Rule 58 that started the time to appeal. Thus, Debtor’s February 12, 2026, notice of appeal was timely filed under Rule 8002(a).

At one point in the proceeding, Debtor thought the notice of appeal was untimely. But such a one-time view does not change the reality that Debtor’s notice of appeal was timely filed under a mechanical application of Rule 58.

Conclusion

Very interesting!

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Footnote 1. Fed.R.Bankr.P. 7058 does not apply in contested matters because it is excluded from the Fed.R.Bankr.P. 9014(c) list of adversary proceeding rules that also apply in contested matters. Additionally, Fed.R.Bankr.P. 7058 enumerates exceptions to its application: i.e., it does not apply to rulings under Rule 50(b), Rule 52(b), Rule 54, Rule 59 & Rule 60.

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