Official Procedure Last Change April 25, 2016

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 Certification must be filed with the Clerk of the court where the matter is pending.  A matter remains in the bankruptcy court for 30 days after the effective date under Rule 8002 of the first notice of appeal from a judgment, order, or decree for which direct review is sought.  
• If more than 30 days have passed since the Notice of Appeal was filed, the matter is considered pending in District Court and the Certification must be filed with the District Court Clerk.
• 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 B424.
• The Certification must contain a Certificate of Service. 

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 Request for 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.

6. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.

Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

7. 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.

8. Browse to attach the document to be filed (pdf file). Click Next.

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

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

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

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

13. Verify final docket text. If correct, click Next to submit.

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.