LOCAL CIVIL RULE 83 - RULES BY
DISTRICT COURTS; JUDGES' DIRECTIVES

LOCAL CIVIL RULE 83.4 - BANKRUPTCY

LR83.4.1  Reference to Bankruptcy Judge
LR83.4.2  Appeal to the District Court
LR83.4.3  Motion Seeking Relief From a District Judge
LR83.4.4  Record Transmitted to the District Court

LR83.4.1  Reference to Bankruptcy Judge

        Under the authority of 28 USC 157 the district court refers to the bankruptcy judges of this district all cases under Title 11 and all proceedings arising under Title 11 or arising in or related to a case under Title 11. As set forth in 28 USC 157(b)(5), personal injury tort and wrongful death claims shall be tried in the district court.

LR83.4.2  Appeal to the District Court

        Appeals from judgments, orders or decrees of a bankruptcy judge shall be governed by Part VIII of the Bankruptcy Rules (Section 8001, et seq.) and the applicable local rules of the district and bankruptcy courts.

LR83.4.3  Motion Seeking Relief From a District Judge

        Motions filed seeking relief from a district judge, including motions under 28 USC 157(d) (for withdrawal of reference), 28 USC 157(c)(1) (objections to proposed findings of fact and conclusions of law) and Bankruptcy Rule 8005 (for stay pending appeal), shall be governed by the rules set out below.

        A.    Original Motion

        1.    Applicable Rules.  The Local Rules for the district court shall be applicable to all motions filed in bankruptcy cases or proceedings seeking relief from a district judge. In those instances where the Bankruptcy Rules require a report from the bankruptcy judge, e.g., Bankruptcy Rules 5011(b) and 9027(e), the local Bankruptcy Rules shall apply until such report is issued.

        2.    Place of Filing.  All motions described in this section above shall be filed with the clerk of the bankruptcy court.

        3.    Contents of Motion.  In addition to the normal requirements of papers filed in the bankruptcy court, motions described in this section above shall include:

       a.    A clear and conspicuous statement opposite the title of the action that "RELIEF IS SOUGHT FROM A UNITED STATES DISTRICT JUDGE."

        b.    A designation of the portions of the record of the proceedings in the bankruptcy court that will reasonably be necessary or pertinent for consideration of the motion by the district court.

        c.    A list showing each party with an interest in the motion and for each party shown, their attorney along with such attorney's mailing address.

        4.    Subsequent Filings.  Any filing in a matter under this section subsequent to the "Original Motion" set forth above shall be filed with the clerk of the district court and shall comply with all rules of such court.

        5.    Duties of the Clerk of the Bankruptcy Court.  Upon filing of an original motion, as set forth above, the clerk of the bankruptcy court shall promptly transmit to the clerk of the district court:

        a.    The original motion and all attachments to the motion, and

        b.    The portion of the bankruptcy court record designated in accordance with (3)(b) above.

        B.    No Automatic Stay.  There shall be no automatic stay of bankruptcy court proceedings as a result of the filing of any motion under the above. Any stay of proceedings will result only from an order of the bankruptcy court or the district court.

        C.    Obligation of the Parties.  It shall be the obligation of each and every party and their attorney to apprise the bankruptcy court and the United States District Court of orders entered in either forum which significantly affect matters pending in either forum.

LR83.4.4  Record Transmitted to the District Court

        The authority to retain any portion of the record on appeal or in connection with a motion seeking relief from a district judge is delegated to the clerk of the bankruptcy court. If any portion of a record is retained in the bankruptcy court, a certified copy of such record shall be transmitted to the district court. If the district court requests the retained papers, the bankruptcy clerk shall transmit them forthwith.

        In the event that papers are retained in the bankruptcy court and certified copies are transmitted to the district court, the bankruptcy court may order the party upon whose instance the papers were required to reimburse the clerk of the bankruptcy court for the cost of making the copies.