When must I petition to authorize a direct bankruptcy appeal?

FRAP 6(c)(2)(A) and FRBP 8006(g) permit any party to petition the circuit clerk for authorization within 30 days after direct-appeal certification becomes effective. Under FRBP 8006(a), certification filing, a timely Rule 8003 or 8004 appeal and an effective Rule 8002 notice must all be established. This calculator accepts that effective date; it does not derive certification or grant authorization.

Responsible actor. Any party to the bankruptcy appeal seeking court-of-appeals authorization for the certified direct appeal.

Identify the certification and where the underlying matter is pending.

Confirm certification filing, a timely Rule 8003 or 8004 appeal and the notice’s effectiveness under Rule 8002.

Establish the date all Rule 8006(a) conditions are met. Do not substitute judgment entry, certification signing or notice filing alone.

Use the FRAP 6(c)(2)(A) authorization petition only after establishing effective certification under the current FRBP 8006(a). This calculator does not prove statutory direct-review eligibility, a timely underlying appeal, valid certification, service or granted authorization.

1. Establish the applicable direct-review route and valid certification.
2. Determine the independently established Rule 8006(a) effective date.
3. Exclude that day and count 30 calendar days under FRAP 26.
4. Check final-day holidays and actual circuit-clerk filing and service requirements.

Exclude the independently established trigger day. Count every following calendar day, including intermediate Saturdays, Sundays and holidays. Under FRAP 26(a)(1), a final weekend or legal holiday carries forward to the next qualifying day. Actual clerk inaccessibility is a separate Rule 26(a)(3) question.

FRAP 26(a)(6) includes listed federal and additional presidential or congressional holidays. For a forward period it also includes the relevant district-court or circuit-clerk state holidays. Rule 6(c)(1)(B) substitutes bankruptcy court references where appropriate. Check the actual courts, additional holidays, inaccessibility and orders; the national calendar does not infer them.

Fictitious example

All Rule 8006(a) conditions are independently established as satisfied on July 6. No additional holiday, clerk inaccessibility or contrary controlling order is assumed.

Fictitious established facts. These examples do not establish appealability, operative entry, valid certification, motion timeliness, effective service or actual filing.

Effectiveness requires all three stated facts

FRBP 8006(a) requires the certification to be filed, a timely appeal under Rule 8003 or 8004 to be taken, and the notice of appeal to become effective under Rule 8002. Certification filing alone does not always start the thirty days.

Requesting certification is an earlier, different act

FRBP 8006(f)(1) gives a party’s certification request sixty days after judgment, order or decree entry and identifies the clerk where the matter is pending. That request is not this circuit-clerk petition after certification becomes effective.

Attach the certification and underlying notice

FRAP 6(c)(2)(B) requires Rule 5(b)(1) material and copies of both the certification and the underlying Rule 8003 or 8004 notice. Rule 6(c)(2)(D) applies Rule 5(c) form, copies and length requirements.

Authorization and later duties are separate

Rule 6(c)(2)(E) dispenses with a new court-of-appeals notice and uses authorization-order entry for later appellate timing. Fees are separately due under (F). A filed petition is not an authorization order.

No routine circuit extension

FRAP 26(b)(1) bars extending time for a petition for permission to appeal. Read actual orders and jurisdictional requirements; a request or calculator result does not grant later filing.

• Use the FRAP 6(c)(2)(A) authorization petition only after establishing effective certification under the current FRBP 8006(a). This calculator does not prove statutory direct-review eligibility, a timely underlying appeal, valid certification, service or granted authorization.
• The authorization petition has one fixed 30-day period after effective certification is independently established. The statutory and certification prerequisites are separate facts, not additional days automatically supplied by the calculator.

• Preserve the certification, underlying notice and evidence of all effectiveness conditions.
• Verify the actual effective date rather than only certification signing or filing.
• Prepare Rule 5(b)(1) material and attach certification and underlying notice.
• Check Rule 5(c) form, copies and length requirements.
• File the petition with the circuit clerk and complete separate service.
• Check actual authorization and subsequent fees and representation duties separately.
• File the petition with the circuit clerk. Court-of-appeals electronic filing ends at midnight in the circuit clerk’s principal-office time zone under FRAP 26(a)(4)(B), unless another controlling time applies. Ordinary other means require timely clerk receipt and use scheduled closing. A permission petition is not a brief and does not acquire Rule 25’s brief-dispatch exception. Complete separate service and preserve proof.