Local Rule LCvR81.4: Bankruptcy Cases

LCvR81.4 Bankruptcy Cases.

(a) Matters Referred to the Bankruptcy Judges.

(1) Pursuant to 28 U.S.C. § 157(a), all cases under Title 11 of the United States Code and any and all proceedings arising under Title 11 or arising in or related to a case under Title 11 shall be and are hereby referred to the bankruptcy judges for this district.

(2) The bankruptcy judges shall hear and determine all cases under Title 11 and all core proceedings arising under Title 11 or arising in a case under Title 11, and may enter appropriate orders and judgments, subject to review under 28 U.S.C. § 158; provided, however, that personal injury tort and wrongful death claims shall be tried in the district court in accordance with 28 U.S.C. § 157(b)(5).

(3) The bankruptcy judges may hear a proceeding that is not a core proceeding but that is related to a case under Title 11. Resolution of such matters shall be governed by 28 U.S.C. § 157(c).

(b) Motions to Abstain or for Withdrawal of the Reference.

(1) Motions to abstain from hearing a particular proceeding pursuant to 28 U.S.C. § 1334(c) shall be first presented to and heard by the bankruptcy judge and shall be governed by Fed. R. Bankr. P. 5011 and 9014.

(2) Motions for withdrawal of the reference of a bankruptcy case, adversary proceeding, or contested matter (collectively, a "Bankruptcy Proceeding") shall be filed with the clerk of the bankruptcy court, along with the required filing fee, and shall be governed by Fed. R. Bankr. P. 5011 and 9014. The motion shall address the authority of the bankruptcy court to adjudicate the claims asserted in the Bankruptcy Proceeding, including: (i) whether the Bankruptcy Proceeding is a core proceeding under 28 U.S.C. § 157(b) or a proceeding that is otherwise related to a case under Title 11, and (ii) whether the bankruptcy court has the constitutional authority to enter a final order and judgment on the claims asserted in the Bankruptcy Proceeding.

(3) To be timely under 28 U.S.C. § 157(d), motions for withdrawal of the reference of a bankruptcy case shall be filed and served within 14 days after the first meeting of creditors is concluded in the case, and motions for withdrawal of the reference of an adversary proceeding or a contested matter shall be filed and served within 30 days of the time the movant files its first pleading. Failure to timely move for withdrawal of the reference of a Bankruptcy Proceeding shall constitute a waiver of any right to trial by jury of the claims asserted in the Bankruptcy Proceeding and, in light of the opportunity to refuse occasioned by § 157 and this rule, a knowing and voluntary consent to the adjudication of those claims in the bankruptcy court.

(4) Responses to motions for withdrawal shall be filed with the bankruptcy clerk within 14 days from filing of the motion. Replies shall be filed within 7 days of the filing of any response.

(5) Upon receipt of any motion for withdrawal of the reference of a Bankruptcy Proceeding and any response thereto, the bankruptcy judge, within a time period reasonable under the circumstances of the matter, shall issue a written recommendation on the motion to the district court.

(c) Appeals. All appeals from final judgments, orders, and decrees of bankruptcy judges and, with appropriate leave, from interlocutory orders and decrees of bankruptcy judges shall be taken in the manner prescribed by 28 U.S.C. § 158 and Part VIII of the Federal Rules of Bankruptcy Procedure.

(d) Matters Referred to the Bankruptcy Judges Prior to Transfer to the District Court or Bankruptcy Appellate Panel. The bankruptcy judges shall hear and enter appropriate orders on all motions related to appeals prior to the entry of the appeal on the docket in the district court or bankruptcy appellate panel, and shall hear all motions related to a motion for withdrawal of the reference prior to the entry of the certificate of transmittal of such motion for withdrawal on the docket of the bankruptcy court. Any orders entered by the bankruptcy judges during these time periods are subject to appropriate review or appeal pursuant to 28 U.S.C. §§ 157 and 158 and the Federal Rules of Bankruptcy Procedure.

(e) Submission of Papers, Records, or Files by the Bankruptcy Court. The bankruptcy clerk shall submit the papers, records, or file of a case or proceeding to the district clerk or bankruptcy appellate panel clerk under the following circumstances: (1) after the expiration of the time for filing objections pursuant to Fed. R. Bankr. P. 9033(b); (2) upon receipt of an order by a district judge pursuant to 28 U.S.C. § 157(d); (3) upon issuance of a recommendation by the bankruptcy judge on a motion for withdrawal; (4) upon the determination by a bankruptcy judge that a proceeding is one in which a personal injury tort or wrongful death claim is to be tried in the district court pursuant to 28 U.S.C. § 157(b)(5); or (5) when the record is complete for purposes of appeal pursuant to Fed. R. Bankr. P. 8007(b).

(f) Assignment of District Judges. The district court clerk shall assign a district judge to the submitted matter or proceeding in accordance with the usual system for assigning civil cases, unless a prior assignment of a related matter requires assignment of the newly submitted matter or proceeding to a particular district judge.

(g) Jury Trials. In accordance with 28 U.S.C. § 157(e), if the right to a jury trial applies in a proceeding that may be heard by a bankruptcy judge, each of the bankruptcy judges for this district is hereby specially designated to exercise such jurisdiction and to conduct such jury trials.