Local Rule 9033-1: Proceedings in Which the Bankruptcy Court May Not Enter Final Orders

Rule 9033-1 Proceedings in Which the Bankruptcy Court May Not Enter Final Orders

(a) General. In any proceeding in which the Bankruptcy Court may not enter a final order or judgment, the proceeding will not be transferred to the district court except upon the granting of a motion to withdraw the reference under Rule 5011, Federal Rules of Bankruptcy Procedure or as provided in AK LBR 9015-2.

(b) Dispositive Matters. Except as otherwise provided by statute or the Federal Rules of Bankruptcy Procedure, in any proceeding referred to the Bankruptcy Court in matters otherwise governed by this Rule, motions made under Rules 12(b), 12(c), 12(f), and 56, Federal Rules of Civil Procedure, are governed by Rule 9033, Federal Rules of Bankruptcy Procedure; provided, however, that the Bankruptcy Court may rule on any Rule 12(b) motion if the defect may be cured by amendment of the pleading and leave to amend is granted.

(c) Nondispositive Matters.

(1) Except as otherwise provided by statute, the Federal Rules of Bankruptcy Procedure, or ordered by the District Court, nondispositive matters in proceedings referred to the Bankruptcy Court will be heard and determined by the Bankruptcy Court; provided, however, that any order imposing dismissal or the striking of a claim or defense as a sanction is deemed a dispositive matter.

(2) Within fourteen (14) days after being served with a copy of the order of the bankruptcy judge, a party may serve and file objections to the order; a party may not thereafter assign as error a defect in the bankruptcy judge's order to which objection was not timely made.