(a) Referral to Bankruptcy
Judges. Pursuant to 28 U.S.C. §157(a),
any and all cases under Title 11 U.S.C. and any and all proceedings arising under Title 11
U.S.C. or arising in or related to any case 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, D,
E and F of this rule, each of the following shall be assigned by lot to a
district judge:
(1) any motion (including a recommendation
by a bankruptcy judge) for the withdrawal of the reference of a
bankruptcy("B") case or proceeding pursuant to 28 U.S.C. §157(d);
(2) any motion (including a
recommendation by a bankruptcy judge) for the withdrawal of the reference of an
adversary ("A") proceeding pursuant to 28 U.S.C. §157(d);
(3) any report and recommendation of a
bankruptcy judge in a non-core proceeding filed pursuant to 28 U.S.C. §157(c)(1);
and
Where assigned by lot,
petitions for withdrawal of reference, appeals, motions for leave to appeal,
and applications for writs shall be assigned using the Civil II assignment
category and reports and recommendations using the Civil III assignment
category.
(c) Direct Assignment in
Bankruptcy ("B") Cases.
If in a bankruptcy ("B") case or set of related bankruptcy
("B") cases a report and recommendation referred to in (b)(3) is
filed pursuant to the prior direction of a district judge, the report shall be
assigned directly to the calendar of that judge.
If in a contested matter
within a bankruptcy ("B") case a motion for withdrawal of reference,
or a report and recommendation, or an appeal, or a motion for leave to file an
interlocutory appeal, or an application for a writ referred to in (b)(1) or
(b)(2), respectively, is filed and a motion, report, appeal, motion for leave
to file an interlocutory appeal, or application for a writ referred to in
(b)(1) or (b)(2), was previously filed in the same contested matter and
assigned by lot to a district judge, then the subsequent motion, report,
appeal, motion for leave to file an interlocutory appeal, or application for a
writ shall be assigned directly to the calendar of that judge.
(d) Direct Assignment in
Adversary ("A") Proceeding.
If in an adversary ("A") proceeding a motion for withdrawal of
reference, or a report and recommendation, or an appeal or a motion for leave
to file an interlocutory appeal, or application for a writ referred to in
(b)(1) or (b)(2), respectively, is filed and a motion, report, appeal, motion
for leave to file an interlocutory appeal, or application for a writ referred
to in (b)(1) or (b)(2) was previously filed in the same adversary
("A") proceeding and assigned by lot to a district judge, then the
subsequent motion, report, appeal or motion for leave to file an interlocutory
appeal, or application for a writ to be assigned shall be assigned directly to
the calendar of that judge.
(e) Direct Assignment
Following Remand. If
in any bankruptcy ("B") case or in any adversary ("A")
proceeding a district judge enters an order, opinion, or memorandum remanding a
matter before that judge to the bankruptcy court for further proceedings, then
any subsequent motion, report, motion for leave to file an interlocutory
appeal, or application for a writ with respect to the matter remanded shall be
assigned directly to the calendar of that judge.
(f) Relatedness. Where matters in the underlying
bankruptcy case, or adversary proceedings associated with the underlying
proceedings, or non-core proceedings associated with the underlying proceedings
are pending on the calendars of two or more district judges, motions for
relatedness may be filed to have the matters assigned to the calendar of one
judge. The standards and procedures established by LR40.4 shall apply to such
motions. For the purpose of determining the judge before whom such motion for
relatedness should be filed, the term "lowest-numbered pending case"
as used in LR40.4 shall refer to the petition initiating the bankruptcy case,
the adversary proceeding, or the non-core proceeding with the earliest date and
time of the filing with the bankruptcy clerk. The motion for relatedness shall
include a listing of the dates and times of filing of each of the matters which
movant is asking to be found related. Where a case is reassigned as related, it
shall be treated on the same manner as a reassignment for relatedness pursuant
to LR40.4 for the purposes of the equalization provisions of IOP11(b).
(g) Designation Sheet. The person filing the petition for
withdrawal of reference, report and recommendation, appeal, motion for leave to
appeal, or application for a writ shall complete the designation sheet required
by LR3.1 and shall include on the sheet a list of any
associated bankruptcy cases, adversary proceedings, non-core proceedings,
appeals or motions for leave to appeal, or application for a writ from such
proceedings previously assigned to one or more district judges.