Pursuant to 28 U.S.C. § 157(a), all cases under Title 11 and all proceedings arising under Title 11 or arising in or related to a case under Title 11 are referred to the Bankruptcy Judge of this District. All papers filed in any such case or proceeding, including the original petition, shall be filed with the Clerk of the Bankruptcy Court and shall be captioned "United States Bankruptcy Court for the District of Columbia."
COMMENT TO RULE 601: This Rule implements newly enacted 28 U.S.C. § 57(a) and exercises tile discretion of the District Court to refer all cases under Title 11, and all proceedings arising in or related to a case under Title 11, to the Bankruptcy Judge for the District.
(a) FORM OF REQUEST; PLACE FOR FILING.
A request for withdrawal in whole or in part of the reference of a case or proceeding referred to the Bankruptcy Judge, other than a sua sponte request by the Bankruptcy Judge, shall be by motion filed timely with the Clerk of the Bankruptcy Court. All such motions shall conform to Local Rule 108 of the Local Rules of this Court. In addition, all such motions shall clearly and conspicuously state that "RELIEF IS SOUGHT FROM A UNITED STATES DISTRICT JUDGE."
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1 Rules 601 through 606 of this Title deal with the interrelationship of matters (references, de novo reviews, appeals, etc.) between the United States District Court and the United States Bankruptcy Court. The United States Bankruptcy Court has its own local rules governing procedures within that court. Those local rules, which were last revised on February 1, 1984, remain in effect.
(b) TIME FOR FILING.
Except as provided below as to adversary proceedings and contested matters, motion to withdraw the reference of a whole bankruptcy case or any part of a bankruptcy case shall be served and filed at or before the time first scheduled for the meeting of creditors held pursuant to 11 U.S.C. § 341(a). Except as provided below as to contested matters, a motion to withdraw the reference of a whole adversary proceeding or any part of an adversary proceeding shall be served and filed on or before the date on which an answer, reply or motion under Bankruptcy Rule 7012 or 7015 is first due. A motion to withdraw the reference of a contested matter within a case shall be served and filed not later than 11 days after service of the motion, application or objection which initiates the contested matter. Notwithstanding the foregoing, a motion to withdraw the reference may be served and filed not later than 11 days after service of any timely filed pleading or paper in which the basis for the motion first arises.
(c) STAY.
The filing of a motion to withdraw the reference does not stay proceedings in the Bankruptcy Court. The procedures relating to stay shall be the same as set forth in Bankruptcy Rule 8005.
(d) DESIGNATION OF RECORD.
The moving party shall serve and file, together with the motion to withdraw the reference, a designation of those portions of the record of the proceedings in the Bankruptcy Court that the moving party believes will reasonably be necessary or pertinent to the District Court's consideration of the motion. Within 11 days after service of such designation of record, any other party may serve and file a designation of additional portions of the record. If the record designated by any party includes a transcript of any proceeding or a part thereof, that party shall immediately after filing the designation deliver to the reporter and file with the Clerk of the Bankruptcy Court a written request for the transcript and make satisfactory arrangements for payment of its cost. All parties shall take any other action necessary to enable the Clerk to assemble and transmit the record. The parties shall submit only that part or parts of a transcript of proceedings relevant to the issues raised on the motion for withdrawal of reference. If the issues involve only questions of law, the parties may submit an agreed statement of facts or such part or parts of the record as are relevant to such questions of law, unless the District Judge considering the motion directs otherwise.
(e) RESPONSES TO MOTIONS TO WITHDRAW THE REFERENCE; REPLY.
Opposing parties shall file with the Clerk of the Bankruptcy Court, and serve on all parties to the matter as to which withdrawal of the reference has been requested, their written responses to the motion to withdraw the reference, within 11 days after being served a copy of the motion. The moving party may serve and file a reply within 11 days after service of a response.
(f) TRANSMITTAL TO AND PROCEEDINGS IN DISTRICT COURT.
When the record is complete for purposes of transmittal, but without awaiting the filing of any transcripts, the Clerk of the Bankruptcy Court shall promptly transmit to the Clerk of the District Court the motion papers and the portions of the record designated. After the opening of a docket in the District Court, documents pertaining to the matter under review by the District Court shall be filed with the Clerk of the District Court, but all documents relating to other matters in the bankruptcy case or adversary proceeding or contested matter shall continue to be filed with the Clerk of the Bankruptcy Court. Any motion and any sua sponte request by the Bankruptcy Judge to withdraw the reference shall be referred to the Chief Judge or the Chief Judge's designee for decision, but if the matter is withdrawn it shall be assigned to a District Judge in accordance with this Court's usual system for assigning civil cases, unless the Chief Judge determines that exceptional circumstances warrant special assignment to a District Judge. Upon request of this Court, the Bankruptcy Judge shall determine, pursuant to 28 U.S.C. § 157(b)(3), whether or not any proceeding, as to which withdrawal of the reference is sought in whole or in part, is a core proceeding. This Court may, in its discretion, grant or deny the motion to withdraw the reference, in whole or in part. After such withdrawal, this Court may retain the entire matter withdrawn or may refer part or all of it back to the Bankruptcy Judge with or without instructions for further proceedings.
COMMENT TO RULE 602: This Rule implements that part of 28 U.S.C. § 157 which
provides that District Court disposition of certain proceedings arising under Title 11
or arising in or related to cases under Title 11 may be appropriate. The rule thus:
(a) to be filed with the Bankruptcy Clerk with a request
provides for a request for withdrawal of reference by a
relief from the District Court;
(b) provides for timely filing of such a request (note that paragraph
(b) increases the time from 7 or 10 to 11 days);
(c) sets forth the procedure to obtain a stay;
(d) sets forth the procedure for designating the record for
District Court disposition (note that paragraph (d) increases the
time from 10 to 11 days);
(e) sets forth the procedure for contesting motions to withdraw
reference (note that paragraph (e) increases the time from 7 or
10 to 11 days); and
(f) provides for the processing of the administrative aspects of a
withdrawn case or proceeding in the District Court.
(a) FORM OF REQUEST; TIME AND PLACE FOR FILING.
Pursuant to 28 U.S.C. § 157(c)(1), any party may request de novo review of proposed findings of fact and conclusions of law and a proposed final order or judgment by the Bankruptcy Judge by filing with the Clerk of the Bankruptcy Court, and serving on all parties to the matter under review within 11 days after service of a copy of such proposed findings, conclusions and order or judgment, written objections which shall specifically identify the portions of the proposed findings, conclusions, and order or judgment to which objection is made and the basis for such objection. All such objections shall conform to Local Rule 108 of the Local Rules of this Court and in addition shall clearly and conspicuously state that "RELIEF IS SOUGHT FROM A UNITED STATES DISTRICT JUDGE."
(b) DESIGNATION OF RECORD; RESPONSES TO OBJECTIONS; REPLY; TRANSMITTAL TO AND PROCEEDINGS IN DISTRICT COURT.
The procedures for designation of record, responses to objections, reply, and transmittal to and proceedings in the District Court shall be the same as set forth in Rule 602(d), (e), and (f), but the matter under review shall be assigned to a District Judge in accordance with this Court's usual system for assigning civil cases.
(c) DE NOVO CONSIDERATION BY DISTRICT JUDGE.
A District Judge shall make a de novo determination of those portions of the Bankruptcy Judge's proposed findings, conclusions, and order or judgment to which objection is made and may accept, reject, or modify, in whole or in part, the proposed findings, conclusions, and order or judgment by the Bankruptcy Judge. The District Judge, however, need not normally conduct a new hearing and may consider the record developed before the Bankruptcy Judge and may make a determination on the basis of that record. The District Judge may also receive further evidence, recall witnesses or re-refer the matter to the Bankruptcy Judge with instructions.
(d) EFFECT OF FAILURE TO OBJECT.
Failure to file a timely objection to the Bankruptcy Judge's proposed findings, conclusions and order or judgment shall constitute consent to determination of the proceeding by the Bankruptcy Judge, pursuant to 28 U.S.C. § l57(c)(2); in such event the proposed findings, conclusion and order or judgment shall become the findings, conclusions and order or judgment of the Bankruptcy Court as of the date of their original entry.
COMMENT TO RULE 603: Section 157(c) of Title 28 provides that a bankruptcy judge may try a "non-core proceeding" related to a case under Title 11 and submit proposed findings of fact and conclusions of law to the District Court. This Rule sets forth the procedure for obtaining de novo review and tire standards for such review. Note that paragraph (a) increases the time from 10 to 11 days.
(a) RETENTION OF RECORD IN BANKRUPTCY COURT.
Unless the District Court or the Bankruptcy Court otherwise orders in any particular case, the record on appeal as designated pursuant to Bankruptcy Rule 8006 shall be retained by the Clerk of the Bankruptcy Court until such time as it is requested by the District Judge to whom the appeal is assigned.
(b) FAILURE TO DESIGNATE RECORD OR ISSUES OR TO FILE BRIEF.
If, after an appeal to the District Court has been noted, the appellant fails to designate the contents of the record on appeal or to file a statement of the issues to be presented on appeal within the time required by Bankruptcy Rule 8006, the Clerk of the Bankruptcy Court shall forward forthwith to the Clerk of the District Court a partial record consisting of a copy of the order or judgment appealed from, the notice of appeal, a copy of the docket entries and any other part of the record that the Clerk of the Bankruptcy Court deems appropriate. On request of the District Court, the Clerk of the Bankruptcy Court shall in addition transmit any other part of the record to the Clerk of the District Court. The District Court may, upon motion of the appellee filed in the office of the Clerk of the District Court, or upon its own order, dismiss the appeal for failure to comply with Bankruptcy Rule 8006. If, after an appeal has been noted and the appellant has complied with Bankruptcy Rule 8006, the appellant fails to serve and file a brief within the time required by Bankruptcy Rule 8009, the District Court may, upon motion of the appellee filed in the office of the Clerk of the District Court, or upon its own order, dismiss the appeal for failure to comply with Bankruptcy Rule 8009.
(c) INTERLOCUTORY APPEALS.
Whenever the Bankruptcy Judge has entered an interlocutory order, decree or judgment as to which a motion for leave to appeal has been filed pursuant to 28 U.S.C. § 158 and Rule 8003 of the Bankruptcy Rules, the Bankruptcy Judge shall, upon request of this Court, submit to this Court a written certification stating whether, in the Bankruptcy Judge's opinion, such order, decree or judgment involves a controlling question of law as to which there is substantial ground for difference of opinion and whether an immediate appeal from the order may materially advance the ultimate termination of the case. This Court may thereupon, in its discretion, grant or deny the motion for leave to appeal.
COMMENT TO RULE 604: This Rule supplements the procedures set forth in the national Bankruptcy Rules governing appeals to the District Court as provided by 28 U.S.C. § 158. Of special note is subsection (c) of this Rule dealing with interlocutory appeals, which authorizes the District Court to request certification from the Bankruptcy Judge with respect to controlling questions of law, similar to the statement authorized by 28 U.S.C. § 1292 in the case of interlocutory appeals from the District Court to the Court of Appeals.
PROCEDURES
(a) for determination by the Bankruptcy Judge whether a proceeding is a core proceeding pursuant to 28 U.S.C. § 157(b)(3),
(b) for consent for the Bankruptcy Judge to hear and determine proceedings related to cases under Title 11 pursuant to 28 U.S.C. § 157(c)(2) (except as set forth in Rule 603(d)),
(c) for appeals pursuant to 28 U.S.C. § 158 (except as set forth in Rule 604),
(d) for abstention pursuant to 28 U.S.C. § 1334(c),
(e) for determination as to jury trial pursuant to 28 U.S.C. § 1411(b),
(f) for determination concerning venue pursuant to 28 U.S.C. § 1412, and
(g) for removal and remand pursuant to 28 U.S.C. § 1452
shall be as set forth in the Bankruptcy Rules and in such Local Rules as may be adopted by the Bankruptcy Court pursuant to Bankruptcy Rule 9029 or by this Court pursuant to Bankruptcy Rule 8018.
COMMENT TO RULE 605: Rule 605 makes clear that the Bankruptcy Rules, both local and national, shall govern certain matters referred by this Court to the Bankruptcy Judge.
Title V of the former Rules is repealed, but shall continue to apply to cases now pending under the Bankruptcy Act of 1898, as amended.
COMMENT TO RULE 606: This Rule applies only to those few cases still pending which were brought under the Bankruptcy Act of 1898, as amended.