This case highlights key pitfalls in bankruptcy appellate practice, particularly when seeking direct certification of an appeal to the federal circuit court.

Here, Genesis Healthcare and its affiliates filed for Chapter 11 on July 9, 2025. On October 7, 2025, the debtors moved for approval of mandatory claims procedures to resolve unliquidated personal injury and wrongful death claims through streamlined pre-litigation settlement and mediation procedures. The bankruptcy court granted the motion on November 6, 2025.

Certain personal injury and wrongful death claimants, including Estate of Alma Brown, filed a notice of appeal on November 20, 2025 and then moved in the district court for direct appeal certification to the Fifth Circuit on December 22, 2025. The debtors opposed and moved to dismiss the appeal.

District Judge Ada Brown dismissed the appeal for two reasons. First, under Bankruptcy Rule 8006(b), the appeal remained “pending” in the bankruptcy court for 30 days after the notice of appeal became effective. Because the 30th day (December 20, 2025) fell on a Saturday, the deadline extended to Monday, December 22—the same day appellants filed their certification request in the district court. Since the matter was still pending in the bankruptcy court, the district court lacked authority to consider certification. As the court noted:

Although application of Rule 8006 to the pending appeal may result in a surprising outcome (by requiring Appellants to have filed their certification request before the Bankruptcy Court), it is nevertheless the requirement of Rule 8006’s unambiguous language, and consistent with the legislative intent behind the revision’s enactment. See Fed. R. Bankr. P. 8006, advisory committee notes (noting that the “provision will in appropriate cases give the bankruptcy judge, who will be familiar with the matter being appealed, an opportunity to decide whether certification for direct review is appropriate”). The Court, therefore, finds that Appellants filed their certification request before the wrong court—an infirmity in Appellants’ request that warrants, without more, the denial of the pending Motion for Order Certifying Direct Appeal.

Second, because the Claims Procedures Order was interlocutory (i.e., it still could be modified by the bankruptcy court and no confirmation order had been entered), the appellants were required to file a motion for leave to appeal under Rule 8004(a)(2) with their notice of appeal. The Court, however, noted that Rule 8004(d) allows it to treat a notice of appeal as a motion for leave to appeal, and so applied the 28 U.S.C. Section 1292(b) standard (requiring a controlling question of law, substantial ground for difference of opinion, and material advancement of litigation) in finding that this was not an exceptional case warranting interlocutory review, thus depriving the Court of jurisdiction to hear the appeal of the interlocutory order.

Practice Note:

The 30-day window in Rule 8006(b) is not mere procedural garnish. Filing a certification request in the district court even one day too early—while the matter is still “pending” in the bankruptcy court—is fatal. Further, if appealing an interlocutory bankruptcy order, always file a motion for leave to appeal with the notice of appeal. Omitting this step risks dismissal, and asking the district court to treat your notice as a motion for leave is rarely successful under the demanding Section 1292(b) standard.

Estate of Alma Brown, et al. v. 1 Glen Hill Road Operations, LLC, et al. (In re Genesis Healthcare, Inc., et al.), No. 3:25-cv-3225-E, (N.D. Tex. May 28, 2026) 2026 WL 1593168