Following an order denying the Debtor’s motion to dismiss, the Debtor sought certification of his appeal directly to the Court of Appeals, bypassing the District Court, pursuant to 28 U.S.C. § 158(d)(2)(B). Direct certification is allowed under 28 U.S.C. § 158(d)(2)(A) if the court before which the matter is pending determines:
(i) the . . . order . . . involves a question of law as to which there is no controlling decision of
the court of appeals for the circuit or of the Supreme Court of the United States, or involves a
matter of public importance;
(ii) the . . . order . . . involves a question of law requiring resolution of conflicting decisions; or
(iii)an immediate appeal from the . . . order . . . may materially advance the progress of the case
or proceeding in which the appeal is taken.
Additionally, Bankruptcy Rule 8001(f)(3)(C) requires that a request for certification include the following:
(i) the facts necessary to understand the question presented;
(ii) the question itself;
(iii)the relief sought;
(iv) the reasons why the appeal should be allowed and is authorized by statute or rule, including why
a circumstance specified in 28 U.S.C. § 158(d)(2)(A)(i)-(iii) exists; and
(v) an attached copy of the judgment, order, or decree complained of and any related opinion or memorandum.
The court found that the Debtor’s request for certification failed to meet the requirements of Bankruptcy Rule 8001(f)(3)(C) and should be denied on that basis. Further, the court held that even if the Debtor complied with those requirements, the request should be denied under 28 U.S.C. § 158(d) as there did not appear to be "anything extraordinary or remarkable about this case that justifies a direct appeal to the Fourth Circuit."
Consequently, the bankruptcy court deemed the request for direct certification to instead be a more typical notice of appeal to the district court.