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LR 40.3.1 Assignments Involving Bankruptcy


(a) Referral to Bankruptcy Judges. Pursuant to 28 U.S.C. §157(a), all cases under Title 11 U.S.C. and all proceedings arising under Title 11 U.S.C. or arising in or related to any cases under Title 11 U.S.C. are referred to the bankruptcy judges of this District. 

(b) Assignment by Lot. Except as provided by sections (c) and (d), each of the following items shall be assigned by lot to a district judge: 

(1) motions pursuant to 28 U.S.C. §157(d) (including a recommendation by a bankruptcy judge) for the withdrawal of the reference of a bankruptcy (“B”) case, or of a contested matter or adversary (“A”) proceeding within a bankruptcy case; 

(2) objections to proposed findings of fact and conclusions of law of a bankruptcy judge filed pursuant to 28 U.S.C.§157(a)(1); 

(3) appeals pursuant to 28 U.S.C. §158(a)(1); 

(4) motions for leave to appeal pursuant to 28 U.S.C. §158(a)(3); and 

(5) applications for a writ of mandamus or a similar writ in connection with a bankruptcy case, contested matter, or adversary proceeding. 

All such assignments shall be made using the Civil II assignment category, except that objections to proposed findings and conclusions shall be assigned using the Civil III assignment category. The clerk is directed to assign a case so designated to the judge on whose calendar the previously filed case was assigned. 

(c) Direct Assignment for Rehearing. Whenever there is activity in bankruptcy court following a district judge’s consideration of any of the items described in section (b), any subsequent proceedings in the district court involving that item shall be assigned to the district judge who considered the item initially. 

(d) Relatedness. The provisions of LR 40.4 are applicable to the items described in section (b). 

(e) Designation Sheet. The person filing any of the items described in paragraph (b) shall complete the designation sheet required by LR 3.1 and include on the sheet a designation of any such item, previously heard by the district court, that the filer believes would require direct assignment of the filing pursuant to this rule. 

 


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