Request for Certification for Direct Appeal to Court of Appeals

General Information

Full information on the Appeals process

• A Request for Certification for Direct Appeal to Court of Appeals is a request to have an appeal heard directly by the Court of Appeals, bypassing the normal first step of an appeal before District Court.

• If all appellants and appellees are jointly filing the request, the Joint Certification event should be used.

• The opposing party has 14 days from the date the request was served (not filed) to file a response. The Bankruptcy Court will then rule on whether the request for a direct appeal should be granted, or whether the appeal will be heard instead by District Court.

• If the Direct Appeal is accepted by the Court of Appeals, a separate Authorized Direct Appeal fee will apply, in addition to the original Appeal Filing and Docketing fee. This does not apply to the United States (e.g. US Trustee). View current fees

Filing Requirements

• It is recommended that the Request for Certification be filed using Official Form B24.

• The Certification must contain a Certificate of Service.

Step-by-Step Instructions

1. Log into CM/ECF

2. Select Bankruptcy > Appeal/Related Events

3. Enter the case number (e.g. xx-xxxxx). Click Next

4. Select Request for Certification for Direct Appeal to Court of Appeals from the event list and click Next

5. External Users Only: Check box if jointly filing with another attorney. Click Next. If jointly filing, select additional attorneys. Click Next

6. Select the party filer.  If the party is not listed, click on Add/Create New Party

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association.

7. Browse to select the Certification (pdf file).  Click Next

8. Check the appropriate box next to the Notice of Appeal or Cross Appeal that you wish to be heard by the Court of Appeals and click Next

9. Enter date of service of Request for Certification (as shown on its Certificate of Service) and click Next

10. Response date is automatically calculated and displayed. Click Next

11. Enter additional text, if desired and click Next

12. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Curing Deficiencies

If the Request for Certification is deficient, an amended Request must be filed prior to the deficiency deadline using the instructions above, or the document may be stricken.