77.4 Bankruptcy

(a) Delegated Jurisdiction

Pursuant to 28 U.S.C. § 157(a), any or all cases under title 11, and any or all proceedings arising under title 11 or arising in or related to a case under title 11, shall be referred to the bankruptcy judges for the district.

(b) Local Rules of Bankruptcy Practice

Pursuant to B.R. 9029, the bankruptcy judges of this district are authorized to make such rules of practice and procedure as they may deem appropriate, subject to the requirements of Fed. R. Civ. P. 83, provided that in promulgating   the rules governing the admission or eligibility to practice in the bankruptcy court, the bankruptcy judges shall require district court admission except for pro se appearances or for appearances pursuant to the student practice rule of this court.

The bankruptcy judges, as officers of the court, are empowered to grant pro hac vice admission to the court for bankruptcy matters in the manner provided by these rules.

(c) Final Order or Judgment

If a bankruptcy judge determines that entry of a final order or judgment would not be consistent with Article III of the United States Constitution in a particular referred proceeding that is determined to be a core matter under 28 U.S.C. § 157, the bankruptcy judge shall hear the proceeding and submit proposed findings of fact and conclusions of law to the district court in compliance with Fed. Civ. R. 52(a)(1).

The district judge shall make a de novo review of any portion of the bankruptcy judge’s findings of fact or conclusions of law to which specific written objection has been made in accordance with the federal and local rules of bankruptcy procedure. The district judge may accept, reject, or modify the proposed findings of fact or conclusions of law, receive further evidence, or recommit the matter to the bankruptcy judge with instructions.  The district court may treat any order or judgment 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.

(d) Appeals

(1) Bankruptcy Court Authorization

The bankruptcy court is authorized and directed under B.R. 8002(d) and 9006(d) to hear motions to extend the time for filing a notice of appeal. Bankruptcy court orders entered under this subsection may be reviewed by the district court on motion filed within fourteen (14) days after entry of the order sought to be reviewed.  Further, the district court may dismiss an appeal in which the appellant has failed to file a designation of items as required by B.R. 8006.

(2) Notice of Docketing and Briefing Schedule

Upon receiving the record or notice of its availability electronically, the clerk's office shall issue a confirming receipt of record.  Parties shall file briefs in accordance with the deadlines established in B.R. 8018. Unless leave is granted to extend the deadlines, the case is submitted to the assigned judge after the time for filing a reply brief has expired.

(3) Failure to Comply with Briefing Deadlines

If the appellant's brief is not received within the time specified by B.R. 8018, the court may impose an appropriate sanction, which may include dismissal of the appeal for lack of prosecution.

(4) Judgment

Upon receipt of the court's opinion, the clerk shall enter judgment in accordance with B.R. 8024(a) and provide notice of the judgment in accordance with B.R. 8024(b).

(5) Statement Regarding Interested Parties

Any party filing a brief, other than governmental parties, shall file a statement, attached to the last page of its brief and substantially in the form of Civil Form 7, indicating whether the party knows of any interested party who is not listed in the notice of appeal. The filing is excluded from the brief length limitations.

An "interested party" includes all persons, associations, firms, partnerships, corporations, guarantors, insurers, affiliates, or other legal entities that are financially interested in the outcome of the appeal. When a corporation is a party to an appeal, the Statement of Interested Parties shall identify any parent corporation and any publicaly held corporation that owns 10% or more of its stock or state that there is no such corporation. An individual listed is not necessary if a large group of persons or firms can be specified by a generic description. The Statement of Interested Parties shall include the names of attorneys who have previously appeared for a party in the case or proceeding below but who have not entered an appearance with the court on appeal.

(e) Cases and Proceedings Withdrawn by District Judge

A reference under this rule may be withdrawn in whole, or in part, by a district court judge sua sponte or on timely motion of a party.  The district court refers motions for withdrawal of reference to the bankruptcy court for a report and recommendation as to disposition.

Motions for withdrawal of reference shall be filed with the clerk of the bankruptcy court. The bankruptcy judge shall issue and file a report and recommendation and file it with the clerk of the bankruptcy court.  Copies of the report and recommendation shall be sent to the parties. The parties shall have fourteen (14) days from the date of the report and recommendation to file any objections thereto with the bankruptcy court.  Upon expiration of the period for objection, the bankruptcy court shall forward the necessary documents along with the recommendations and any objections thereto to the district court.  The district judge may accept, reject, or modify, in whole or in part, the recommendation of the bankruptcy judge and determine the disposition of the motion.

Upon filing of the report and recommendation of the bankruptcy court with the clerk of the district court, the motion and report and recommendation shall be assigned to a district court  judge.  A motion for withdrawal of reference shall not stay any bankruptcy matter pending before a bankruptcy judge, unless a specific stay is issued by a district court judge or a bankruptcy judge.

(f) Jury Trials

Provided all parties expressly consent, the bankruptcy judges of this district are authorized to conduct jury trials in those instances where a right to a jury trial attaches in a proceeding that may be heard by a bankruptcy judge under 28 U.S.C. § 157.

(g) Statistical Closing

The clerk's office shall statistically close any action stayed by court order because a party has filed a bankruptcy case.

History

(§§ (c)(1), (2) and (3) and § (d) amended 12/1/09; § (a) amended 12/1/11; added § (c), relettered (c) – (f) 12/1/13;§§ (d)(1)-(4) amended 12/1/15; § (d)(5) added 12/1/17)