Certifying a Direct Appeal to a Court of Appeals

(a) EFFECTIVE DATE OF A CERTIFICATION. A certification of a bankruptcy court’s judgment, order, or decree to a court of ap- peals for direct review under 28 U.S.C. § 158(d)(2) becomes effective when: (1) it is filed; (2) a timely appeal is taken under Rule 8003 or Rule 8004; and (3) the notice of appeal becomes effective under Rule 8002. (b) FILING THE CERTIFICATION. The certification must be filed with the clerk of the court where the matter is pending. For pur- poses of this rule, a matter remains pending in the bankruptcy court for 30 days after the first notice of appeal concerning that matter becomes effective under Rule 8002. After that time, the matter is pending in the district court or BAP. (c) JOINT CERTIFICATION BY ALL APPELLANTS AND APPELLEES. (1) In General. A joint certification by all appellants and ap- pellees under 28 U.S.C. § 158(d)(2)(A) must be made using Form 424. The parties may supplement the certification with a short statement about its basis. The statement may include the in- formation required by (f)(2). (2) Supplemental Statement by the Court. Within 14 days after the parties file the certification, the bankruptcy court—or the court where the matter is pending—may file a short supple- mental statement about the certification’s merits. (d) COURT’S AUTHORITY TO CERTIFY A DIRECT APPEAL. Only the court where the matter is pending under (b) may certify a direct appeal to a court of appeals. The court may do so on a party’s re- quest or on its own. (e) CERTIFICATION BY THE COURT ACTING ON ITS OWN. (1) Separate Document Required; Service; Content. A certifi- cation by a court acting on its own must be set forth in a sepa- rate document. The clerk of the certifying court must serve the document on the parties to the appeal in the manner re- quired for serving a notice of appeal under Rule 8003(c)(1). It must be accompanied by an opinion or memorandum that con- tains the information required by (f)(2)(A)–(D). (2) Supplemental Statement by a Party. Within 14 days after the court’s certification, a party may file with the clerk of the certifying court a short supplemental statement about the merits of certification. Rule 8007 FEDERAL RULES OF BANKRUPTCY PROCEDURE 102 (f) CERTIFICATION BY THE COURT ON REQUEST. (1) How Requested. A party’s request for certification under 28 U.S.C. § 158(d)(2)(A)—or a request by a majority of the appel- lants and of the appellees—must be filed with the clerk of the court where the matter is pending. The request must be filed within 60 days after the judgment, order, or decree is entered. (2) Service; Content. The request must be served on all parties to the appeal in the manner required for serving a notice of appeal under Rule 8003(c)(1). The request must include: (A) the facts needed to understand the question pre- sented; (B) the question itself; (C) the relief sought; (D) the reasons why a direct appeal should be allowed, including which circumstance specified in 28 U.S.C. § 158(d)(2)(A)(i)–(iii) applies; and (E) the judgment, order, or decree, and any related opin- ion or memorandum. (3) Time to File a Response or a Cross-Request. (A) Response. A party may file a response within 14 days after the request has been served, or within such other time as the court where the matter is pending allows. (B) Cross-Request. A party may file a cross-request for certification within 14 days after the request has been served or within 60 days after the judgment, order, or de- cree has been entered—whichever occurs first. (4) Oral Argument Not Required. Unless the court where the matter is pending orders otherwise, a request, a cross-request, and any response will be submitted without oral argument. (5) Form of a Certification; Service. The court that certifies a direct appeal in response to a request must do so in a separate document served on all parties to the appeal in the manner re- quired for serving a notice of appeal under Rule 8003(c)(1). (g) REQUEST FOR LEAVE TO TAKE A DIRECT APPEAL TO A COURT OF APPEALS AFTER CERTIFICATION. Within 30 days after the certifi- cation has become effective under (a), a request for leave to take a direct appeal to a court of appeals must be filed with the circuit clerk in accordance with Fed. R. App. P. 6(c). (Added Apr. 25, 2014, eff. Dec. 1, 2014; amended Apr. 26, 2018, eff. Dec. 1, 2018; Apr. 2, 2024, eff. Dec. 1, 2024.)