Joint Certificate for Direct Appeal to Court of Appeals

Official Procedure Last Change July 24, 2023

Joint Certification for Direct Appeal to Court of Appeals

How to file:

Location of event: Bankruptcy > Appeals & Withdrawals of Reference > Joint Certification for Direct Appeal to Court of Appeals

Things to be aware of when filing: The Joint Certification event is used if all appellants and appellees are jointly filing the request. If not all parties have signed off, the Request for Certification event must be used.

  • FRBP 8006(c)

General Information

Full information on the Appeals process

  • A Joint Certification for Direct Appeal to Court of Appeals is a request to have an appeal heard by the Court of Appeals instead of first obtaining appellate review from the District Court. The Bankruptcy Court will rule on whether the request for a direct appeal should be granted, or whether the appeal will be heard instead by District Court.
  • The Joint Certification event is used if all appellants and appellees jointly file the request. If not all parties have signed off, the Request for Certification event must be used.
  • The Bankruptcy Court may file a short supplemental statement about the merits of the Joint Certification within 14 days of its filing (FRBP 8006(c)(2)).
  • 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 Joint Certification be filed using Official Form B424.
  • The Joint Certification must be signed by all appellants and appellees.

Step-by-Step Instructions

 1. Log into CM/ECF.

2. Select Bankruptcy > Appeals & Withdrawals of Reference.

3. Enter case number (in the format xx-xxxxx) and click Next.

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

5. 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, or cannot be selected, view instructions on adding a new party. Click Next.

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

7. Browse to select the document to be filed (pdf file). Click Next.

8. Check the box next to the Notice of Appeal to which your Certification relates and click Next.

9. Select prefix text, if applicable, and click Next.

10. 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.