United States District Court - Northern District of Illinois

General Rules

Rules 2.30 To 2.39 Reassignments And Transfers

Rule 2.33 Referral, Assignment And Reassignment Of Bankruptcy Cases

A. Referral of Bankruptcy Cases 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 noncore proceeding filed pursuant to 28 U.S.C. §157(c)(1); and

(4) any appeal from a final judgment, order, or decree of a bankruptcy judge pursuant to 28 U.S.C. §158, and any motion for leave to appeal from an interlocutory order or decree of a bankruptcy judge pursuant to 28 U.S.C. §158.

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 block and reports and recommendations using the Civil III assignment block.

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 subsection B(3) of this Rule 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 subsections B(1), B(3), or B(4) of this Rule, respectively, is filed and a motion, report, appeal, motion for leave to file an interlocutory appeal, or application for a writ referred to in subsections B(1), B(3), or B(4) 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 an 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 subsection B(2), B(3), or B(4) of this Rule, respectively, is filed and a motion, report, appeal, motion for leave to file an interlocutory appeal, or application for a writ referred to in subsection B(2), B(3), or B(4) 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 in Proceedings 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. Cases and Proceedings under Bankruptcy Act of 1898

Cases and proceedings filed or arising under the Bankruptcy Act of 1898, including matters requiring district court review by local rule, shall be referred and assigned in the same manner as provided in sections (A) through (D) of this rule with respect to the corresponding types of cases and proceedings under the Bankruptcy Code.

G. Relatedness

Where matters in the underlying bankruptcy case, adversary proceedings associated with the underlying proceedings, and/or noncore 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 Rule 2.31 of these Rules, including the provisions for equalization, shall apply to such motions. For the purpose of determining the judge before whom such motion for relatedness should be filed, the term "lowestnumbered pending case" as used in Rule 2.30 shall refer to the petition initiating the bankruptcy case, the adversary proceeding, or the noncore 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.

H. 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 Rule 2.20 of these Rules and shall include on the sheet a list of any associated bankruptcy cases, adversary proceedings, noncore proceedings, appeals or motions for leave to appeal, or application for a writ from such proceedings previously assigned to one or more district judges.