Local Rule Administrative Order No. 05-07: Administrative Order – Procedures for Criminal Referrals

Administrative Order No. 05-07 ADMINISTRATIVE ORDER The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub. L. No. 109-08, 119 Stat. 23, amended section 158(d) of Title 18 of the United States Code, 18 U.S.C. § 158(d), to require bankruptcy courts to establish procedures for referring, pursuant to section 3057 of Title 18 of the United States Code, 18 U.S.C. § 3057, any case that may contain a materially fraudulent statement in a bankruptcy schedule. These procedures are adopted pursuant to that mandate.

If a judge or the clerk of court identifies any case that may contain a materially fraudulent statement in a bankruptcy schedule, the judge or clerk may refer the matter directly to the individuals designated under section 158(d), or other appropriate individuals or agencies; or, the judge or clerk may, prior to referral, transmit the matter to the Bankruptcy Administrator for further investigation.

If the matter is referred to the Bankruptcy Administrator, the Administrator shall report his conclusions and recommendations to the individual who transmitted the matter to the Bankruptcy Administrator. The judge or the clerk may then refer the matter himself or herself, may ask the Bankruptcy Administrator to refer the matter, or the Administrator may refer the matter himself.

These procedures are adopted for referrals made pursuant to section 3057 for purposes of the requirements of section158(d), but may be used for referrals on other grounds.

These procedures shall be effective October 17, 2005.

BENJAMIN COHEN Chief United States Bankruptcy Judge TAMARA O. MITCHELL United States Bankruptcy Judge JACK CADDELL United States Bankruptcy Judge THOMAS B. BENNETT United States Bankruptcy Judge C. MICHAEL STILSON United States Bankruptcy Judge Dated: October 17, 2005