Local Rule LR 83.4.3: Motion Seeking Relief From a District Judge
E.D. La. — General rule
LR 83.4.3 Motion Seeking Relief From a District Judge Motions filed seeking relief from a district judge, including motions under 28 U.S.C. 157(d) (for withdrawal of reference), 28 U.S.C. 157(c)(1) (objections to proposed findings of fact and conclusions of law) and Bankruptcy Rule 8005 (for stay pending appeal), are governed by the rules set out below.
(A) Original Motion
(1) Applicable Rules. The Local Rules for the district court apply to all motions filed in bankruptcy cases or proceedings seeking relief from a district judge. In those instances where the Bankruptcy Rules require a report from the bankruptcy judge, e.g., Bankruptcy Rules 5011(b) and 9027(e), the local Bankruptcy Rules apply until such report is issued.
(2) Place of Filing. All motions described in section A must be filed with the clerk of the bankruptcy court.
(3) Contents of Motion. In addition to the normal requirements of documents filed in the bankruptcy court, motions described in section A must include:
a. A clear and conspicuous statement opposite the title of the action that "RELIEF IS SOUGHT FROM A UNITED STATES DISTRICT JUDGE."
b. A designation of the portions of the record of the proceedings in the bankruptcy court that will reasonably be necessary or pertinent for consideration of the motion by the district court.
c. A list showing the names of each party with an interest in the motion and for each party shown, the names of their attorney along with such attorney's mailing address.
(4) Subsequent Filings. Any filing in a matter under this section subsequent to the "Original Motion" set forth above must be filed with the clerk of the district court and must comply with all rules of such court.
(5) Duties of the Clerk of the Bankruptcy Court. Upon filing of an original motion, as set forth above, the clerk of the bankruptcy court must promptly transmit to the clerk of the district court:
a. The original motion and all attachments to the motion, and b. The portion of the bankruptcy court record designated in accordance with (3)(b) above.
(B) No Automatic Stay. No automatic stay of bankruptcy court proceedings results from the filing of any motion under section A. A stay of proceedings results only from an order of the bankruptcy court or the district court.
(C) Obligation of the Parties. A party or its attorney must apprise the bankruptcy court and the United States District Court of orders entered in either forum which significantly affect matters pending in either forum. [Amended February 1, 2011]