Local Rule LCivR 83.5: BANKRUPTCY CASES, PROCEEDINGS AND APPEALS
E.D. Wash. — General rule
LCivR 83.5 BANKRUPTCY CASES, PROCEEDINGS AND APPEALS
(a) Referral of Bankruptcy Cases and Proceedings.
Pursuant to 28 U.S.C. § 157(a), this Court hereby refers to the bankruptcy judges of this district all cases under United States Code Title 11, and all proceedings arising under Title 11 or arising in or related to cases under Title 11. By reason of this referral, the bankruptcy judges of this district shall hear and determine such proceedings and enter appropriate orders and judgments. Absent consent of the parties, if the bankruptcy judge determines that entry of a final order or judgment would not be consistent with Article III of the United States Constitution, then the bankruptcy judge shall submit proposed findings of fact and conclusions of law to the District Court.
(b) Jury Trials in Bankruptcy Court.
Pursuant to 28 U.S.C. § 157(e), bankruptcy judges of this district are specifically designated to conduct jury trials.
(c) Bankruptcy Appeals.
(1) Bankruptcy Appellate Panel.
(A) In General. Pursuant to 28 U.S.C. § 158 (b)(6), this Court hereby authorizes a bankruptcy appellate panel to hear and determine appeals from judgments, orders, and decrees by bankruptcy judges, and, with leave of the bankruptcy appellate panel, appeals from interlocutory orders and decrees entered by bankruptcy judges, subject to the limitation set forth in sub-paragraph (B).
(B) Consent Presumed. The bankruptcy appellate panel may hear and determine only those appeals in which all parties to the appeal consent. The consent of a party to allow an appeal to be heard and determined by the bankruptcy appellate panel shall be deemed to have been given unless written objection thereto is timely made in accordance with the Amended Order Establishing and Continuing the Bankruptcy Appellate Panel of the Ninth Circuit, which is incorporated herein by reference.
[Note: The Amended Order is set forth in the Appendix of Orders in the Litigant's Manual for Appeals Before the Bankruptcy Appellate Panel of the Ninth Circuit.]
(2) District Court. Bankruptcy appeals that come before this District Court shall be governed by and conform to Part VIII of the Federal Rules of Bankruptcy Procedure.