¨¨¨ JOINT CERTIFICATION TO COURT OF APPEALS ¨¨¨
Adversary>Appeal
The parties to an appeal may jointly agree to certify the appeal to the court of appeals, using Official Form 24. This direct appeal procedure allows the circuit, if it chooses, to hear a notice of appeal, bypassing the district court. See Interim Fed. R. Bankr. P. 8001(f)(2)(B).
Eligibility requirements to pursue a direct appeal:
Case filed on or after October 17, 2005 (Reform case)
Notice of appeal must have been timely filed with the bankruptcy court
Meet one or more of the following issue criteria:
No controlling decision on question of law by circuit or Supreme Court
Confliction decisions of question of law
Matter of public importance
Immediate appeal may materially advance progress of the case
Certification filed within 60 days of the appealed order enter date
This is a document filed jointly by the parties to an appeal to certify the appeal to the court of appeals, bypassing the district court.
Joint certification to court of appeals
Fee Required: Yes, if and when the circuit authorizes hearing the appeal
Hearing Required: No
Negative Notice Language Required: No
Review the documents to ensure they meet the filing requirements
Docket the Joint certification to court of appeals [Adversary>Appeal>Joint certification to court of appeals] as follows:
Click Adversary
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Enter Case Number
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Select Joint certification to court of appeals
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Select or Add/Create Party
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Attach PDF
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Select the related Notice of appeal
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Modify docket text as appropriate
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Review final docket text before submitting
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Save/Print Notice of Electronic Filing
[Last Revision 10/17/07]