U.S. Bankruptcy Court
Middle District of Alabama

Bankruptcy Reform Implementation

Direct Appeal

Certification Process

New paragraph (2) of 28 USC § 158(d) establishes a certification process for appealing directly to the court of appeals.

Under 28 USC § 158(d)(2)(B), the bankruptcy or district court [or bankruptcy appellate panel] shall make the certification:
(1) after determining, on its own motion or on the request of a party, that one of the three circumstances listed in subparagraph (A) [of 28 USC § 158(d)(2)] exists; 
                            or
(2) where the court is in receipt of a request made by a majority of the appellants and a majority of the appellees (if any) to make the certification.

 Under 28 USC § 158(d)(2)(C), the parties may supplement the certification with a short statement of the basis for the certification.


Section
28 USC § 158(d)
ECF Event
Bk>Appeal>Certification of Direct Appeal
Deadlines
Flags
DirApl
(prevents auto close)
Bk>Order>Order from Circuit Court
 
removes DirApl
  Bk>Appeal>Petition Requesting Direct Appeal