Local Rule LCR 87: REFERRAL OF BANKRUPTCY CASES AND PROCEEDINGS

LCR 87

REFERRAL OF BANKRUPTCY CASES AND PROCEEDINGS

(a) Cases and Proceedings Referred to Bankruptcy Judges

Pursuant to 28 U.S.C. §157(a), this court hereby refers to the bankruptcy judges of this district all cases under Title 11, and all proceedings arising under Title 11 or arising in or related to a case under Title 11. If a bankruptcy judge determines that entry of a final order or judgment by a bankruptcy judge would not be consistent with Article III of the United States Constitution in a particular proceeding referred under this local rule and determined to be a core matter, the bankruptcy judge shall, unless otherwise ordered by the district court, hear the proceeding and submit proposed findings of fact and conclusions of law to the district court. The district court may treat any order of the bankruptcy court as proposed findings of fact and conclusions of law in the event the district court concludes that the bankruptcy judge could not have entered a final order or judgment consistent with Article III of the United States Constitution.

(b) Motions to Enforce Rule

To the extent the referral described in subparagraph (a) has not otherwise been effected by the clerk of the district court, any party to a proceeding pending in the district court may move the district court to enforce the referral as to such proceeding or any part thereof.

(c) Motions to Withdraw the Reference

A motion to withdraw the reference must not be filed with this court but must be filed with the clerk of the bankruptcy court pursuant to Local Rule W.D. Wash. Bankr. 5011-1, which sets forth the procedure for filing such motions and transmitting them to the district court for consideration.