LOCAL RULES (9038, 10001, and 10002) - Return to Index

RULE 9038 WITHDRAWAL OF REFERENCE

(a) A motion by a party to withdraw reference, in whole or in part, of any case or proceeding referred to the bankruptcy judges under 28 U.S.C. Sec. 157, shall be filed with the clerk of the District Court.

(b) Special or Emergency Matters

(1) In the event any special or emergency matter arises in the bankruptcy court during the unavailability of a bankruptcy judge which requires the immediate attention of a judge, this part (b) shall govern.

(2) Special and/or emergency matters include, but are not limited to:

a. confirmation and approval of sales involving perishable assets or other assets as to which lack of immediate action will cause irreparable loss or damage to the estate;

b. confirmation and approval of sales involving perishable assets or other assets as to which lack of immediate action will cause irreparable loss or damage to the estate;

c. proceedings involving requests for emergency financing under Section 364 of the Bankruptcy Code;

d. proceedings for rejection or modification of collective bargaining agreements under Section 1113 (d) and 1113 (e) of the Bankruptcy Code;

e. motions, applications or requests for orders under Section 105 (a) of the Bankruptcy Code as to which lack of immediate action may cause irreparable loss or damage to an interested party;

f. extensions of time for filing appeals, reconsideration or any other time limits, expiration or which may bar further action or cause irreparable loss or damage to a party in interest;

g. employment of professional persons under Section 327 of the Bankruptcy Code when the emergency nature or urgency of the matter requires immediate action by a debtor, trustee or Creditor's Committee;

h. proceedings involving the use, sale or lease of property (including cash collateral) under Section 363 of the Bankruptcy Code when expedited action is required to prevent irreparable loss or damage to any party in interest; proceedings under Section 366 involving alteration, refusal, discontinuance, or discrimination regarding utility services, and the furnishing or modification of adequate assurance of payment for such services;

j. appointment of trustees under Section 1104 of the Bankruptcy Code; conversions or dismissal under Section 706, 707, 1112 or 1307 of the Bankruptcy Code when expeditious action is required;

k. any matter of a special or emergency nature as to which expedited or immediate action is required to avoid irreparable loss or damage to a party in interest;

l. any matter for which the Clerk deems that immediate attention of the district court is necessary or required for the orderly administration of the bankruptcy court, protection of registry funds, or properties under the jurisdiction of the bankruptcy court.

(3) Special or emergency matters covered by the provisions of this rule shall be brought to the attention of the district court either on motion filed with the Clerk by a party in interest, or by memorandum of the clerk, requesting emergency or expedited hearing, setting forth with specificity and particularity the reason(s) or cause(s) which require and/or justify immediate action by the district judges.

(4) The Clerk shall forthwith forward and transfer to the clerk of the district court all pertinent files, pleadings and documents.

(5) Upon receipt of either a party's motion (or memorandum from the Clerk) as provided by part (b) (3) of this Rule, the clerk of the district court shall docket the matter in a miscellaneous bankruptcy docket under the same case, adversary proceeding and/or index number assigned by the bankruptcy court. The clerk of the district court shall assign such emergency matters according to the procedures presently established at the district court for the assignment of cases, to the district judges or such group of them as designated from time to time by the Chief U.S. District Judge. Once the district judge has been selected, the emergency or special matter shall be brought forthwith to the attention of said district judge.

RULE 10,001 DELEGATION OF AUTHORITY TO THE CLERK

The Clerk and such deputies as he may designate are authorized to sign and enter without further direction from the Court the orders hereinafter indicated, but these actions may be suspended, altered or rescinded by the Court upon written motion filed by a party in interest requesting judicial review of the action by the Clerk:

1. Orders specifically appointing persons to serve process in accordance with Rule 4, Federal Rules of Civil Procedure.
2. Orders directing examination of persons under Bankruptcy Rule 2004.
3. Orders and notices that establish meeting and hearing dates required or requested by a party in interest under Title 11, U.S.C., including orders which fix the last date for filing by parties in interest of objections to discharge and confirmation of plans and complaints to determine dischargeability of a debt.
4. Orders permitting the payment of filing fees in installments and fixing the number and amount and date of payment of each installment. The number of installments permitted will not exceed three (3), with the final installment payable not later than three (3) months after the filing of the petition. Any request for an extension of time greater than the stated three (3) months period, or a request which is received after entry of the first order by the Clerk, shall be in writing and will be considered only by a judge. For cause shown, the judge may enter an order extending the time for any payments to a date not later than four (4) months after the filing of the petition. The order for payment of filing fees in installments will provide that the entry of the discharge of the debtor will be held in abeyance until the filing fees are paid in full.
5. Orders upon motions, requests, applications, and stipulations with respect to any of the following matters:

   1. Additions to mailing lists.
   2. Extensions of time to file list of creditors, Schedules, Statement of Affairs, and any other document required by Bankruptcy Rules 1007 and 3015.

6. Orders for purchasing registry time deposit accounts or for deposits thereto. The deposits shall be made in accordance with Local Bankruptcy Rule 10,002.

RULE 10,002 REGISTRY AND UNCLAIMED FUNDS

(a) Form of Deposit

All funds received by the Clerk pursuant to 28 U.S.C. §2041 will be in the form of a certified check, bank draft, manager's check, or money order and shall be made payable to the Clerk, U.S. Bankruptcy Court. No personal or third party checks shall be accepted by the Clerk.

(b) Earning of Interest

Deposits by the Clerk will receive the following treatment for interest bearing purposes:

(1) Except as provided in Bankruptcy Rule 7067, deposits of up to Four Thousand, Nine Hundred Dollars and Ninety Nine Cents ($4,999.99) will accrue no interest and will be deposited in the Registry Checking Account.

(2) Deposits of Five Thousand Dollars ($5,000.00) or more will be deposited in a Time Deposit Interest Bearing Account.

(3) Interest earned shall be for the benefit of the estate, the prevailing party or as otherwise determined by the Court.

(c) Unclaimed Funds

Unclaimed moneys consigned in Court shall be deposited to the credit of the United States Treasury.

(d) Disbursement of Registry Funds

The Clerk shall not disburse any Registry Funds without an Order of a Judge of this Court. All Orders for disbursement, unless prepared by the Clerk, must be approved by the Clerk or his/her designee before presentation to the Bankruptcy Judge.

Disbursement from the Registry of the Court shall be made in accordance with the terms of the Order for disbursement.