Local Rule Rule 85: BANKRUPTCY MATTERS

Rule 85 BANKRUPTCY MATTERS

(a) Automatic Referral. All cases under Title 11, United States Code, and all proceedings arising under Title 11 or arising in or related to cases under Title 11, shall be automatically referred to the Bankruptcy Court of this District pursuant to 28 U.S.C. § 157 without further order. All papers in those cases shall be filed directly in the bankruptcy court, and the Bankruptcy Court of this District shall exercise the jurisdiction of this Court in bankruptcy matters as provided in 28 U.S.C. § 157(b).

(b) Personal Injury or Wrongful Death Claims. Any claim arising in or related to a case under Title 11 involving claims of personal injury or wrongful death shall be tried in the district court of the district in which the bankruptcy case is pending, or in the district court of the district in which the claim arose, as may be determined by the District Court assigned pursuant to Local Rule 40.2.

(c) Withdrawal of Reference. The automatic referral to Bankruptcy Court provided in Section (a) of this rule may be withdrawn by a District Court.

(1) Motion. A motion for withdrawal of reference shall be filed with the Clerk of the Bankruptcy Court in accordance with Fed. R. Bankr. P. 5011 and Local Bankruptcy Rule 5011-1.

(2) Response. Within fourteen (14) days after being served with a copy of a motion for withdrawal of reference, a party may file with the Clerk of the Bankruptcy Court and serve on affected parties an objection to the motion and a designation of any additional portions of the record necessary for the District Court's determination of the motion.

(3) Supplementation of Record. The record may be supplemented by additional portions of the record as determined by the Bankruptcy Court.

(4) Order of Referral to District Court. The Bankruptcy Court shall enter an order directing the Clerk of the Bankruptcy Court to refer the motion and/or matter to the District Court.

(5) Assignment. The Clerk of the District Court shall assign the matter to a district judge pursuant to Local Rule 40.2.

(d) Proceeding Under 28 U.S.C. § 157(c)(1). When a Bankruptcy Court hears a proceeding under 28 U.S.C. § 157(c)(1) that is not a "core proceeding" as defined by 28 U.S.C. § 157(b)(2), the Bankruptcy Court shall submit the proposed findings of fact and conclusions of law to the district judge assigned pursuant to Local Rule 40.2 . Copies of those recommendations shall be mailed by the Bankruptcy Court to all parties, who shall have fourteen (14) days after the date of mailing of the recommendations (or such further time not to exceed thirty (30) days as the Bankruptcy Court may order) to file written objections. Objections lacking specificity as to factual findings or legal conclusions the objecting party claims to have been erroneously made and objections not timely filed may be summarily overruled. If no objection is filed, or if the parties consent in writing, the recommendations of the Bankruptcy Court may be accepted by the district judge, and appropriate orders may be entered without further notice. Procedure for determining objections shall be as set forth in 28 U.S.C. § 157, the Federal Rules of Bankruptcy Procedure and Local Bankruptcy Rules for the District of Wyoming.

(e) Filings. The Clerk of the Bankruptcy Court shall take in all pleadings in bankruptcy cases and related proceedings. Bankruptcy papers shall be filed with the Bankruptcy Court in accordance with the Federal Rules of Bankruptcy Procedure and Local Bankruptcy Rules for the District of Wyoming. Any bankruptcy papers filed with the Clerk of the District Court shall be transferred to the Bankruptcy Court.

(f) Post-Judgment Matters. The bankruptcy judge shall exercise jurisdiction over all post-judgment matters arising from a judgment or order entered by Bankruptcy Court.

(g) Appeals. Appeals to the District Court from the Bankruptcy Court must be commenced and administered as prescribed in Part VIII of the Federal Rules of Bankruptcy Procedure 8001-8028.