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Home < Rules < Local-rules < US District Court Local Rules
77.4 Bankruptcy
- Delegated Jurisdiction. Pursuant to 28 U.S.C. § 157(a) and the standing order of January 18, 1994, as it may be amended from time to time, the court refers cases and proceedings in bankruptcy to the bankruptcy court of this district. Copies of the standing order are available in the clerk's office and in the clerk's office of the bankruptcy court.
- 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.
- Appeals.
- Bankruptcy Court Authorization. The bankruptcy court is authorized and directed to dismiss an appeal filed after the time specified in B.R. 8002 and an appeal in which the appellant has failed to file a designation of items as required by B.R. 8006.
The bankruptcy court is also authorized and directed under B.R. 8002(c) and 9006(b) to hear motions to extend deadlines and to consolidate appeals which present similar issues from a common record. Bankruptcy court orders entered under this subsection may be reviewed by the district court on motion filed within ten (10) days after entry of the order sought to be reviewed.
- Notice of Docketing and Briefing Order. Upon the filing of an appeal, the clerk's office shall issue a notice of docketing and briefing deadline. Parties shall file briefs in accordance with the deadlines established in B.R. 8009. Unless leave is granted to extend the deadlines, the case is submitted to the assigned judge fifty (50) days from the date of the notice.
- Dismissal for Lack of Prosecution. If the appellant's brief is not received within the time specified by B.R. 8009, the court will dismiss the appeal for lack of prosecution.
- Judgment. Upon receipt of the court's opinion, the clerk shall enter judgment in accordance with B.R. 8016(a) and provide notice of the judgment in accordance with B.R. 8016(b).
- 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 ten (10) 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.
- 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.
- Statistical Closing. The clerk's office shall statistically close any action stayed by court order because a party has filed a bankruptcy case.
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