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Local General Rule 3. Bankruptcy

Local General Rule 3.  Bankruptcy

3.1      Bankruptcy

  1. Referral of cases under Title 11 to bankruptcy judges - Pursuant to the powers granted by 28 U.S.C. § 157(a), all cases under Title 11 and all proceedings arising under Title 11 or arising in or related to a case under Title 11 previously filed or hereafter filed shall be referred to the bankruptcy judges of this district.
  2. Bankruptcy court jurisdiction in core and noncore related proceedings - The bankruptcy judge shall determine whether proceedings are core, or noncore related, and shall enter appropriate orders and judgments subject to those appeal rights afforded by 28 U.S.C. § 158 and Part VIII of the Federal Rules of Bankruptcy Procedure. In those noncore related proceedings in which the parties timely object to the entry of a final judgment or order by the bankruptcy judge, the bankruptcy court shall file and serve proposed findings of fact and conclusions of law on all dispositive matters. Objections shall be filed in accordance with Fed. R. Bankr. P. 9033. Upon submission by the bankruptcy court clerk to the district court clerk of the proposed findings of fact and conclusions of law and all objections timely filed thereto, the matter will be randomly assigned to a district judge who will conduct all further proceedings and enter a dispositive order.
  3. Jury trials - Pursuant to 28 U.S.C. § 157(e), the bankruptcy judges in this district are specially designated to conduct jury trials with the express consent of all parties, if the right to jury trial applies in any proceeding that may be heard by a bankruptcy judge. All bankruptcy judges shall adhere to the Jury Selection and Service Act, 28 U.S.C. §§ 1861-1878, and this court's jury selection plan. Upon request, the district court clerk shall supply a sufficient number of jurors for jury trials in the bankruptcy court. Procedure in jury cases, including time and form of jury demand, waiver, advisory juries and trial by consent shall be governed by local rule of the bankruptcy court.
  4. Local bankruptcy rules - Pursuant to Rule 83 of the Federal Rules of Civil Procedure and Federal Rule of Bankruptcy Procedure 9029(a)(1), a majority of the bankruptcy judges of this district are authorized to make rules of practice and procedure consistent with the bankruptcy rules.
Date Last Modified: 
January 1, 2019