Local Rule Rule 9.01: Bankruptcy Court Matters

Rule 9.01(FRCP 81) Bankruptcy Court Matters.

(A) Filings in Bankruptcy Proceedings.

The Clerk of the Bankruptcy Court shall receive all filings and maintain all files in Bankruptcy Court cases and proceedings.

(B) Reference to Bankruptcy Judges.

(1) All cases under Title 11 of the United States Code, and all proceedings arising under Title 11 or arising in or related to a case under Title 11, are referred to the bankruptcy judges for this district, who shall exercise the full extent of the authority conferred upon them.

(2) A motion for withdrawal of reference pursuant to 28 U.S.C. § 157(d) shall not stay any matter pending before the Bankruptcy Court unless a stay is ordered by the district judge or the bankruptcy judge.

(C) Jury Trials Before Bankruptcy Judges.

Pursuant to 28 U.S.C. § 157(e), the bankruptcy judges of this district are specially designated to conduct jury trials with the express consent of all the parties.

(D) Bankruptcy Appeals.

(1) Bankruptcy appeals to the District Court are governed by the Federal Rules of Bankruptcy Procedure, as supplemented herein. Appeals to a Bankruptcy Appellate Panel, if applicable, are governed by the Federal Rules of Bankruptcy Procedure as supplemented by rules of the panel.

(2) Prior to the transmittal of a notice of appeal to the Clerk of the District Court, the Bankruptcy Court may hear and determine requests to consolidate appeals which present similar issues. The Bankruptcy Court's ruling concerning consolidation of appeals may be reviewed by the District Court, in accordance with Local Rule 4.03, on motion filed within twenty-eight (28) days of the District Court's issuance of the Case Management Order pursuant to Local Rules 5.01 and 5.04.

(3) Any motion to dismiss a procedurally defective bankruptcy appeal shall be filed within twenty-eight (28) days of the issuance of the Case Management Order.

(Amended September 8, 2009, effective December 1, 2009)