(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) JOINTCERTIFICATIONBYALLAPPELLANTSANDAPPELLEES.
(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) CERTIFICATIONBYTHECOURTACTINGONITSOWN.
(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.
(f) CERTIFICATIONBYTHECOURTONREQUEST.
(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.)