Local Rule DCt.LBR 5011–1: Reference to Bankruptcy Judges

DCt.LBR 5011–1 REFERENCE TO BANKRUPTCY JUDGES

(a) GENERAL. Pursuant to 28 U.S.C § 157(a), all cases under Title 11 and all proceedings arising under Title 11 or arising in or related to a case under Title 11 are referred to the bankruptcy judges of this District.

(b) REFERRAL INCLUDES ANY CIVIL ACTION REMOVED ON THE BASIS THAT THE DISTRICT COURT HAS JURISDICTION OVER THE CIVIL ACTION UNDER 28 U.S.C. § 1334. The referral pursuant to paragraph (a) of proceedings to the bankruptcy judges of this District includes any civil action (or claim or cause of action in a civil action) removed on the basis that the District Court has jurisdiction over the civil action under 28 U.S.C. § 1334. DCt.LBR 9027–1 governs such removal.

(c) FILING OF DOCUMENTS IN A REFERRED CASE OR PROCEEDING. Except as otherwise provided in DCt.LBR 5011–5, and in the Bankruptcy Rules relating to appeals, all documents filed in any such referred case or proceeding, including the original bankruptcy petition, must be filed with the Clerk of the Bankruptcy Court and must be captioned "United States Bankruptcy Court for the District of Columbia."

(d) EMERGENCY MATTERS WHEN NO BANKRUPTCY JUDGE IS AVAILABLE. When the Bankruptcy Court or Clerk thereof files a notice in the Bankruptcy Court that no bankruptcy judge is available to hear an emergency matter that requires immediate action, the reference to the Bankruptcy Court of the emergency matter is deemed withdrawn, and: (1) the Clerk of the Bankruptcy Court must transmit copies of the notice and the papers relating to the emergency matter to the Clerk of the District Court who must docket the emergency matter (1) as a miscellaneous matter, under the title of the bankruptcy case and the title of any adversary proceeding in which the emergency matter has arisen, and (2) as assigned to the Motions Judge under DCt.LCvR 40.8(b)(2); (2) the Clerk of the District Court must give notice to the parties that the emergency matter has been withdrawn and that, unless otherwise ordered, further papers relating to the emergency matter must be filed with the Clerk of the District Court bearing the Miscellaneous Number assigned to the withdrawn emergency matter; (3) if the Motions Judge determines that there is no emergency requiring action on the matter (or part thereof) before a bankruptcy judge is available, the Motions Judge may enter an order declining to decide the matter (or part thereof) and terminate the withdrawal of the matter or part thereof, as the case may be; (4) the Motions Judge shall otherwise decide the emergency matter, but any subsequent motion related to the Motions Judge's order disposing of the emergency matter must be filed in the Bankruptcy Court and handled by a bankruptcy judge, if available, unless the Motions Judge who heard the emergency matter: • in the order disposing of the emergency matter or a subsequent order issued on the Motions Judge's own initiative; or • on motion of a party filed in the District Court in the miscellaneous matter; or • upon a recommendation of the bankruptcy judge transmitted to the same Motions Judge who heard the emergency matter, orders for cause that the same Motions Judge will handle the subsequent motion, in which event the reference of the subsequent motion will be deemed withdrawn for disposition in the miscellaneous matter, and the Clerk of the Bankruptcy Court must transmit to the Clerk of the District Court for docketing under the Miscellaneous Number the papers relating to the subsequent motion. COMMENT TO DCt.LBR 5011–1: Paragraph (a)'s reference to "bankruptcy judges" includes, in addition to the bankruptcy judge appointed for this district under 28 U.S.C. § 152(a)(1), any retired bankruptcy judge recalled under 28 U.S.C. §§ 155(b) or 375, and any bankruptcy judge sitting by designation under 28 U.S.C. § 155(a). Paragraph (b) clarifies that civil actions removed under 28 U.S.C. § 1452(a) (or under the more general removal provision of 28 U.S.C. § 1441(a)) on the basis that the District Court has jurisdiction over the civil action pursuant to the bankruptcy jurisdiction statute, 28 U.S.C. § 1334, are referred to the Bankruptcy Court. Pursuant to paragraph (c) and DCt.LBR 9027–1, the notice of removal of such a civil action must be captioned for the Bankruptcy Court. Paragraph (d) provides for deemed withdrawal of emergency matters for which a bankruptcy judge is unavailable, thereby avoiding the necessity of a motion to withdraw the reference; provides for the Motions Judge to hear the emergency matter; and addresses the extent of that Motions Judge's hearing any proceeding related to the Motions Judge's disposition of the emergency matter (such as a motion for reconsideration).