IN CRIMINAL MATTERS NOT ASSIGNED TO A DISTRICT JUDGE
(a) REQUESTS FOR REVIEW.
Requests for review of an order by a magistrate judge in a criminal matter not assigned to
a district judge, as authorized by LCrR 57.17(a) and 28 U.S.C. § 636(b)(3) of the Federal
Magistrates Act, are to be made to the Chief Judge within 14 days after being served with
the order of the magistrate judge, unless a different time is prescribed by the magistrate
judge or the Chief Judge. The request for review shall specially designate the part of the
order for which review is requested and the bases for such review. The filing of
oppositions and replies shall be governed by LCrR 47(b) and (d).
(b) DETERMINATION BY THE COURT.
The magistrate judge’s warrant or order for which review is requested in accordance
with this Rule may be accepted, modified, set aside, or recommitted to the magistrate
judge with instructions, after de novo review by the Chief Judge.
ADMINISTRATION OF THE BANKRUPTCY SYSTEM 5
DCt.LBR 5005-1
MAKING DOCUMENTS FILED UNDER SEAL IN THE BANKRUPTCY
COURT PART OF THE RECORD IN THE DISTRICT COURT
When a party wishes a document placed under seal by the Bankruptcy Court to be part of the
record considered by the District Court in ruling on (1) a motion to withdraw the reference under
DCt.LBR 5011-2; or (2) a de novo review under DCt.LBR 9033-1; or (3) any other non-appellate
matter, the party must:
(1) identify the document, without revealing confidential or secret information, as being
part of the record the party wishes the District Court to consider; and
(2) file a motion with the District Court to accept the document under seal.
If the motion is granted, the movant must notify the Bankruptcy Court of the ruling, and the Clerk
of the Bankruptcy Court must promptly transmit the sealed document to the Clerk of the District
Court.
COMMENT TO DCt.LBR 5005-1: This rule is modeled on the similar rule in Bankruptcy Rule
8009(f), which governs the designation of sealed documents as part of the record on an appeal.
DCt.LCvR 5.1(h) governs the sealing of documents in the District Court.
DCt.LBR 5011-1
REFERENCE TO BANKRUPTCY JUDGES
(a) GENERAL.
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
judges of this District.
DCt.LBRs 5005-1 through 9033-1 supplement the Federal Rules of Bankruptcy Procedure
(the “Bankruptcy Rules”) and deal with the matters (references, de novo review, appeals,
etc.) governing the relationship 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.
(b) REFERRAL INCLUDES ANY CIVIL ACTION REMOVED ON THE BASIS THAT
THE DISTRICT COURT HAS JURISDICTION OVER THE CIVIL ACTION
UNDER 28 U.S.C. § 1334.
The referral pursuant to paragraph (a) of proceedings to the bankruptcy judges of this
District includes any civil action (or claim or cause of action in a civil action) removed on
the basis that the District Court has jurisdiction over the civil action under 28 U.S.C. §
1334. DCt.LBR 9027-1 governs such removal.
(c) FILING OF DOCUMENTS IN A REFERRED CASE OR PROCEEDING.
Except as otherwise provided in DCt.LBR 5011-5, and in the Bankruptcy Rules relating to
appeals, all documents filed in any such referred case or proceeding, including the original
bankruptcy petition, must be filed with the Clerk of the Bankruptcy Court and must be
captioned “United States Bankruptcy Court for the District of Columbia.”
(d) EMERGENCY MATTERS WHEN NO BANKRUPTCY JUDGE IS AVAILABLE.
When the Bankruptcy Court or Clerk thereof files a notice in the Bankruptcy Court that no
bankruptcy judge is available to hear an emergency matter that requires immediate action,
the reference to the Bankruptcy Court of the emergency matter is deemed withdrawn, and:
(1) the Clerk of the Bankruptcy Court must transmit copies of the notice and the papers
relating to the emergency matter to the Clerk of the District Court who must docket
the emergency matter (1) as a miscellaneous matter, under the title of the
bankruptcy case and the title of any adversary proceeding in which the emergency
matter has arisen, and (2) as assigned to the Motions Judge under DCt.LCvR
40.8(b)(2);
(2) the Clerk of the District Court must give notice to the parties that the emergency
matter has been withdrawn and that, unless otherwise ordered, further papers
relating to the emergency matter must be filed with the Clerk of the District Court
bearing the Miscellaneous Number assigned to the withdrawn emergency matter;
(3) if the Motions Judge determines that there is no emergency requiring action on the
matter (or part thereof) before a bankruptcy judge is available, the Motions Judge
may enter an order declining to decide the matter (or part thereof) and terminate the
withdrawal of the matter or part thereof, as the case may be;
(4) the Motions Judge shall otherwise decide the emergency matter, but any subsequent
motion related to the Motions Judge’s order disposing of the emergency matter
must be filed in the Bankruptcy Court and handled by a bankruptcy judge, if
available, unless the Motions Judge who heard the emergency matter:
• in the order disposing of the emergency matter or a subsequent order issued
on the Motions Judge’s own initiative; or
• on motion of a party filed in the District Court in the miscellaneous matter;
or
• upon a recommendation of the bankruptcy judge transmitted to the same
Motions Judge who heard the emergency matter,
orders for cause that the same Motions Judge will handle the subsequent motion, in
which event the reference of the subsequent motion will be deemed withdrawn for
disposition in the miscellaneous matter, and the Clerk of the Bankruptcy Court
must transmit to the Clerk of the District Court for docketing under the
Miscellaneous Number the papers relating to the subsequent motion.
COMMENT TO DCt.LBR 5011-1: Paragraph (a)’s reference to “bankruptcy judges” includes,
in addition to the bankruptcy judge appointed for this district under 28 U.S.C. § 152(a)(1), any
retired bankruptcy judge recalled under 28 U.S.C. §§ 155(b) or 375, and any bankruptcy judge
sitting by designation under 28 U.S.C. § 155(a).
Paragraph (b) clarifies that civil actions removed under 28 U.S.C. § 1452(a) (or under the
more general removal provision of 28 U.S.C. § 1441(a)) on the basis that the District Court has
jurisdiction over the civil action pursuant to the bankruptcy jurisdiction statute, 28 U.S.C. § 1334,
are referred to the Bankruptcy Court. Pursuant to paragraph (c) and DCt.LBR 9027-1, the notice
of removal of such a civil action must be captioned for the Bankruptcy Court.
Paragraph (d) provides for deemed withdrawal of emergency matters for which a
bankruptcy judge is unavailable, thereby avoiding the necessity of a motion to withdraw the
reference; provides for the Motions Judge to hear the emergency matter; and addresses the extent
of that Motions Judge’s hearing any proceeding related to the Motions Judge’s disposition of the
emergency matter (such as a motion for reconsideration).
DCt.LBR 5011-2
PLACE AND TIME FOR FILING MOTION TO WITHDRAW THE
REFERENCE; CONTENTS OF MOTION
(a) FILING OF MOTION TO WITHDRAW THE REFERENCE.
A motion for withdrawal in whole or in part of the reference of a case or proceeding
referred to a bankruptcy judge must bear the caption of the Bankruptcy Court, and be filed
with the Clerk of the Bankruptcy Court, accompanied by the required filing fee, and the
movant’s designation of the record. The bankruptcy judge may sua sponte file, and have
the Clerk of the Bankruptcy Court transmit, a request to withdraw the reference.
(b) TIME FOR FILING OF MOTION TO WITHDRAW THE REFERENCE OF
BANKRUPTCY CASE.
A motion to withdraw the reference of the bankruptcy case or a part thereof (as opposed to
a specific proceeding within the bankruptcy case) must be filed and served on or before 21
days after the first date scheduled for the meeting of creditors held pursuant to 11 U.S.C.
§ 341(a), or, if later, within 35 days of service of the paper giving rise to the basis for the
motion to withdraw the reference.
(c) TIME FOR FILING OF MOTION TO WITHDRAW THE REFERENCE OF A
PROCEEDING WITHIN THE BANKRUPTCY CASE.
A motion to withdraw the reference of a proceeding within the bankruptcy case (including
an adversary proceeding, or contested matter, or any other matter seeking entry of an order),
or a part of the proceeding, must be served and filed within 35 days of service of the paper
giving rise to the basis for the motion to withdraw the reference.
(d) CONTENTS OF MOTION.
A motion for withdrawal of the reference must include the following:
(1) a specification of the case or proceedings to be withdrawn;
(2) the facts necessary to understand the grounds presented in support of the
requested withdrawal of the reference;
(3) the reasons why the withdrawal of the reference should be granted;
(4) a copy of the docket sheet of the case or proceeding for which withdrawal of the
reference is requested;
(5) a separate list of any documents filed in the Bankruptcy Court that are relevant to the
motion for withdrawal of the reference, including the date of filing, the document
number, and the title of each such document; and
(6) copies of the listed relevant documents (other than documents that were filed under
seal), appended to the list in chronological sequence, with each document to bear the
Electronic Case Filing header showing the document number and date of filing in the
Bankruptcy Court.
COMMENT TO DCt.LBR 5011-2: This Rule and Rule 5011-6 provide for relevant documents that
were filed in the Bankruptcy Court to be appended to lists submitted with the motion and the
opposition. That eliminates the cumbersome procedures that a designation of the record and
transmittal of the record by the Clerk of the Bankruptcy Court would entail. DCt.LBR 5011-7
addresses making a transcript part of the record when that transcript is not yet available to be
appended to the motion to withdraw the reference or to the opposition, as the case may be.
DCt.LBR 5011-3
APPLICABILITY, WHEN A MOTION TO WITHDRAW THE REFERENCE
HAS BEEN FILED, OF DISTRICT COURT LOCAL CIVIL RULES TO
DOCUMENTS INTENDED FOR DISTRICT COURT
By reason of DCt.LBR 9029-2:
(1) DCt.LCvR 5.1 (Form and Filing of Documents) applies to the motion to withdraw
the reference, the opposition thereto, any reply, and any further filings.
(2) DCt.LCvR 7 paragraphs (a) through (f) (setting forth requirements governing the
statement of point and authorities in support of a motion; proposed orders; opposing
points and authorities; a reply memorandum; page limitations; and oral hearings)
apply to a motion to withdraw the reference.
(3) DCt.LCvR 7(m) applies to nondispositive motions filed after the filing of the motion
to withdraw the reference and relating thereto.
(4) The motion to withdraw the reference (and any related motion seeking an order of the
District Court), and any opposition thereto, must include a proposed order captioned
for the District Court and complying with LCvR 7(k).
DCt.LBR 5011-4
TRANSMITTAL OF MOTION TO WITHDRAW THE REFERENCE TO
THE DISTRICT COURT; DOCKETING OF THE MOTION IN THE
DISTRICT COURT
The Clerk of the Bankruptcy Court must promptly transmit the motion to withdraw the
reference to the Clerk of the District Court, who must docket the motion (1) as a
miscellaneous matter under the title of the bankruptcy case and the title of any adversary
proceeding, and (2) as assigned to the Chief Judge of the District Court (or the Chief Judge’s
designee) in accordance with DCt.LBR 5011-8(a), and who must give notice to the parties of
the docketing of the miscellaneous matter.
DCt.LBR 5011-5
FILING OF FURTHER DOCUMENTS AFTER DOCKETING OF THE
MOTION TO WITHDRAW THE REFERENCE
After the opening of a docket in the District Court for the motion to withdraw the
reference, the parties must:
(1) file with the Clerk of the District Court any further documents pertaining to the
motion to withdraw the reference (other than those documents that these Rules
contemplate will be addressed by the Clerk of the Bankruptcy Court or by the
bankruptcy judge), captioning such documents for the District Court with the
Miscellaneous Number indicated;
(2) file with the Clerk of the Bankruptcy Court–unless and until the motion to
withdraw the reference is granted–other documents relating to the matter for
which withdrawal is sought.
DCt.LBR 5011-6
OPPOSITION TO MOTION TO WITHDRAW THE REFERENCE; REPLY
TO OPPOSITION
(a) OPPOSITION.
Any opposition to the motion to withdraw the reference must:
(1) be served and filed with the Clerk of the District Court within 14 days after
service of the motion to withdraw the reference;
(2) include a separate list of any additional documents filed in the Bankruptcy Court
that are relevant to the motion to withdraw the reference, including the date of
filing, the document number, and the title of each such document; and
(3) include the listed documents (other than documents that were filed under seal),
attached to the list in chronological sequence, with each document to bear the
Electronic Case Filing header showing the document number and date of filing in
the Bankruptcy Court.
(b) REPLY TO OPPOSITION.
Any reply to the opposition to the motion to withdraw the reference must be served and
filed with the Clerk of the District Court within 7 days after service of the opposition.
DCt.LBR 5011-7
TRANSCRIPT PERTINENT TO MOTION TO WITHDRAW THE
REFERENCE
(a) ORDERING TRANSCRIPT.
If a party relies on a transcript of any proceeding not already on file, then by the date of
that party’s filing its motion or opposition, as the case may be, that party must deliver to
the reporter, as defined in Bankruptcy Rule 8010(a)(1), and file with the Clerk of the
Bankruptcy Court a written order for the transcript and make satisfactory arrangements
with the reporter for paying the cost of the transcript.
(b) REPORTER’S DUTIES; TRANSMITTAL OF TRANSCRIPT.
When a transcript has been ordered, the reporter is subject to the duties specified in
Bankruptcy Rule 8010(a)(2). The party who seeks to rely on the transcript must:
(1) file a copy with the party’s motion to withdraw the reference or the party’s
opposition, as the case may be, or
(2) if the transcript is not yet available, file a copy with the Clerk of the District
Court, bearing a cover sheet with the District Court’s Miscellaneous Proceeding
caption, within 7 days after the reporter files the transcript with the Clerk of the
Bankruptcy Court.
(c) STATEMENT OF THE EVIDENCE WHEN A TRANSCRIPT IS
UNAVAILABLE.
When a transcript is unavailable, the procedures of Bankruptcy Rule 8009(c) apply (with
the words “appellant” and “appellee” changed to “party seeking withdrawal” and
“opposing party,” respectively).
COMMENT TO DCt.LBR 5011-7: This DCt.LBR 5011-7 addresses the issue (which seldom
arises) of making a transcript part of the documents to be considered by the District Court in
addressing the motion to withdraw the reference.
DCt.LBR 5011-8
PROCEEDINGS IN DISTRICT COURT ON
THE MOTION TO WITHDRAW THE REFERENCE
(a) ASSIGNMENT OF MOTION.
The Clerk of the District Court must refer any motion to withdraw the reference–and any
sua sponte request by the bankruptcy judge to withdraw the reference–to the Chief Judge
or the Chief Judge’s designee for decision.
(b) OBTAINING BANKRUPTCY JUDGE’S VIEWS.
The bankruptcy judge may sua sponte submit a recommendation regarding the motion to
withdraw the reference (or any related motion). Upon request of the District Court, the
bankruptcy judge must submit a recommendation regarding the motion to withdraw the
reference (or any related motion), including (if requested by the District Court):
(1) stating the bankruptcy judge’s determination, pursuant to 28 U.S.C. § 157(b)(3),
whether the proceeding, for which withdrawal of the reference is sought, is a core
proceeding;
(2) stating the bankruptcy judge’s view as to whether the proceeding, if a core
proceeding, is one that the bankruptcy judge may constitutionally hear and
determine; and
(3) stating the Bankruptcy Court’s recommendation regarding whether withdrawal of
the reference (or granting of the related motion) is warranted.
(c) DISPOSITION OF MOTION.
The District Court may, in its discretion, grant or deny the motion to withdraw the
reference, in whole or in part.
(d) ASSIGNMENT OF WITHDRAWN MATTER.
Except as provided in DCt.LCvR 5011-1(d) (governing emergency matters deemed
withdrawn when no bankruptcy judge is available), if a matter is withdrawn, the Clerk of
the District Court must assign the matter to a District Judge in accordance with the
District Court’s usual system for assigning civil actions, unless the Chief Judge
determines that exceptional circumstances warrant special assignment to a particular
District Judge.
(e) DISPOSITION OF WITHDRAWN MATTER.
After such withdrawal, the District 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.
DCt.LBR 8004-1
INTERLOCUTORY APPEALS
(a) OBTAINING BANKRUPTCY JUDGE’S CERTIFICATION.
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
Bankruptcy Rule 8004, the bankruptcy judge shall, upon request of the District Court,
submit to the District 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.
(b) DISPOSITION.
The District Court may, in its discretion, grant or deny the motion for leave to appeal.
DCt.LBR 8009-1
DISMISSAL OF APPEAL WHEN AN APPELLANT
FAILS TIMELY TO FILE A RULE 8009 DESIGNATION OF RECORD OR
STATEMENT OF ISSUES ON APPEAL
If an appellant fails timely to designate items to be included in the record on appeal or to file a
statement of the issues to be presented, an appellee may move the District Court to dismiss the
appeal–or the District Court, after notice and reasonable opportunity to respond, may dismiss the
appeal on its own motion.
DCt.LBR 8010-1
TRANSCRIPT MADE PART OF THE RECORD ON APPEAL
When the Clerk of the Bankruptcy Court has transmitted the record on appeal or a notice that the
record is available electronically, any transcript that is part of the record on appeal shall be accessible
by a party in the District Court’s or Bankruptcy Court’s Case Management/Electronic Case Filing
system, as the case may be, without any restriction to only those parties who have purchased the
transcript from the court reporter or court transcriber.
DCt.LBR 8018.1-1
APPEALS IN WHICH THE
BANKRUPTCY JUDGE LACKED AUTHORITY TO ISSUE THE
JUDGMENT OR ORDER THAT IS ON APPEAL
(a) PRESERVING THE CONTENTION THAT BANKRUPTCY JUDGE LACKED
AUTHORITY TO ISSUE THE JUDGMENT OR ORDER THAT IS ON
APPEAL.
If:
(1) the Bankruptcy Court has issued a judgment or order deciding a proceeding;
(2) an appellant contends that the Bankruptcy Court lacked authority to issue
the judgment or order deciding the proceeding; and
(3) the appellant wishes to preserve that contention,
then, unless otherwise ordered by the District Court, the appellant must both appeal the
Bankruptcy Court’s order or judgment (to obtain an order vacating the order or judgment
as unauthorized) and separately file in the Bankruptcy Court objections under Bankruptcy
Rule 9033 to the Bankruptcy Court’s findings of fact and conclusions of law as though
they were proposed findings of fact and conclusions of law.
(b) APPELLEE’S DUTY TO RESPOND TO THE BANKRUPTCY RULE
9033 OBJECTIONS.
If an appellant files Bankruptcy Rule 9033 objections under paragraph (a) of this Rule,
then unless otherwise ordered by the District Court, the appellee must, within the
deadline set by Bankruptcy Rule 9033, respond to the Bankruptcy Rule 9033 objections
as though the Bankruptcy Court’s findings of fact and conclusions of law were proposed
findings of fact and conclusions of law.
(c) APPLICABILITY OF DCt.LBR 9033-1 TO BANKRUPTCY RULE
9033 OBJECTIONS FILED UNDER THIS RULE
When an appellant files Bankruptcy Rule 9033 objections under paragraph (a) of this
Rule, DCt.LBR 9033-1 applies to the objections as though the Bankruptcy Court’s
findings of fact and conclusions of law were proposed findings of fact and conclusions of
law.
(d) DISTRICT COURT’S DISPOSITION OF APPELLANT’S CONTENTION
THAT BANKRUPTCY JUDGE LACKED AUTHORITY TO ISSUE THE
JUDGMENT OR ORDER THAT IS ON APPEAL.
If the District Court agrees with the appellant’s contention that the Bankruptcy Court
lacked authority to decide the proceeding, it may treat the Bankruptcy Court’s findings of
fact and conclusions of law as proposed findings of fact and conclusions of law, and it
may proceed to make a de novo review under Bankruptcy Rule 9033(d).
COMMENT TO DCt.LBR 8018.1-1. This rule addresses filing Bankruptcy Rule 9033
objections when the Bankruptcy Court entered a judgment or order deciding a proceeding but
lacked authority to decide the proceeding, either because the proceeding was a non-core
proceeding or because it fell within that subset of core proceedings that, under Stern v.
Marshall, 131 S. Ct. 2594 (2011), and Executive Benefits Ins. Agency v. Arkison, 134 S.Ct. 2165
(2014), may not be decided by a bankruptcy judge. Many other district courts follow a similar
approach. See, e.g., Amended Standing Order of Reference, No. M10-468 (S.D.N.Y.).
DCt.LBR 8020-1
AWARD OF ATTORNEY'S FEES
(a) MOTION REQUIRED.
A claim for attorney’s fees and related nontaxable expenses incurred in an appeal must be
made by motion.
(b) MOTIONS FOR ATTORNEY’S FEES FOR MISCONDUCT IN APPEAL.
Motions seeking attorney’s fees under Bankruptcy Rule 8020 for misconduct in the
District Court must be filed in the District Court. DCt.LCvR 54.2 applies to the
determination of attorney’s fees pursuant to a motion filed under Bankruptcy Rule 8020.
(c) MOTIONS FOR ATTORNEY’S FEES OTHER THAN UNDER
BANKRUPTCY RULE 8020.
Except for motions under Fed. R. Bankr. P. 8020, a motion for recovery of attorney’s fees
incurred in an appeal:
(1) is referred to the Bankruptcy Court by operation of DCt.LBR 5011-1 and must be
filed with the Clerk of the Bankruptcy Court, with the motion bearing the caption
of the Bankruptcy Court; and
(2) unless a statute or order provides otherwise, the motion must be filed within 14
days after entry of the final judgment or order disposing of the appeal, and shall
be disposed of in accordance with the LBRs of the Bankruptcy Court.
COMMENT TO DCt.LBR 8020-1: Bankruptcy Rule 8020 is not the exclusive basis for an
award of attorney’s fees incurred in an appeal: sometimes a statute authorizes a bankruptcy
court that has dismissed a case or adversary proceeding to award attorney’s fees (and
nontaxable expenses) against the losing party. See, e.g., 11 U.S.C. §§ 303(i) and 523(d). Rule
8020-1(c) recognizes that motions to recover such attorney’s fees, including those relating to
the appeal, ordinarily should be heard in the Bankruptcy Court. When a party believes that the
reference to the Bankruptcy Court of a motion to award attorney’s fees incurred in the appeal
should be withdrawn, the parties should comply with the DCt.LBRs governing withdrawal of the
reference.
DCt.LBR 8021-1
MOTIONS RELATING TO TAXATION OF COSTS OF APPEAL
When a bill of costs is or may be filed under Bankruptcy Rule 8021(d), motions relating thereto
(including any motion under Bankruptcy Rule 9006 to extend the Rule 8021(d) deadlines and
any motion under Bankruptcy Rules 9023 or 9024 relating to the order ruling on the bill of costs)
are referred to the Bankruptcy Court by operation of DCt.LBR 5011-1.
DCt.LBR 9015-1
JURY TRIALS IN BANKRUPTCY COURT
Pursuant to 28 U.S.C. § 157(e), the bankruptcy judges of this District are specially designated to
conduct jury trials with the express consent of all the parties.
DCt.LBR 9027-1
REMOVAL
A notice of a removal under Bankruptcy Rule 9027 must be filed with the Clerk of the
Bankruptcy Court, bear the caption of the Bankruptcy Court, and be docketed as an adversary
proceeding. If a notice of removal is mistakenly captioned for the District Court, or submitted
for filing with the Clerk as Clerk of the District Court, the Clerk, as Clerk of the Bankruptcy
Court, must file the notice of removal in the Bankruptcy Court.
DCt.LBR 9029-1
BANKRUPTCY COURT LOCAL RULES
The Bankruptcy Court is authorized to make and amend rules of practice and procedure to
govern all cases, proceedings, and other matters in the Bankruptcy Court, subject to the
limitations and requirements of Bankruptcy Rule 9029(a) (1). Such rules and amendments shall
not be inconsistent with these District Court Local Bankruptcy Rules, and when proposed shall
be transmitted to the Chief Judge of the District Court. The District Court may order that any
proposed rule or amendment not take effect and may abrogate any such rule or amendment after
it takes effect.
DCt.LBR 9029-2
DISTRICT COURT LOCAL CIVIL RULES APPLICABLE TO
BANKRUPTCY MATTERS IN THE DISTRICT COURT
Except when a District Court Local Civil Rule would be inconsistent with a District Court Local
Bankruptcy Rule, a Federal Rule of Bankruptcy Procedure, or a statutory provision, the District
Court Local Civil Rules apply to any bankruptcy matter pending in the District Court, including
appeals, motions to withdraw the reference, de novo review proceedings, and proceedings for
which the reference has been withdrawn.
DCt.LBR 9033-1
DE NOVO REVIEW
(a) NOTIFICATION TO DISTRICT COURT THAT BANKRUPTCY RULE 9033(b)
OBJECTIONS TO PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF
LAW HAVE BEEN FILED; DOCKETING OF THE SAME.
When a party files objections to proposed findings of fact and conclusions of law issued
by the Bankruptcy Court:
(1) the Clerk of the Bankruptcy Court must prepare and transmit a notice to the Clerk
of the District Court attaching the objections, listing the parties and their
attorneys’ names and addresses (including e-mail addresses for purposes of e-
notification), and stating that the record (including any responses to the
objections) will be transmitted in due course; and
(2) the Clerk of the District Court must docket the matter under the title of the
bankruptcy case and the title of any adversary proceeding, identifying the party
that filed the objections (and adding the name of that party to the title if
necessary), assign the matter to a District Judge in accordance with the District
Court’s usual system for assigning civil actions, and give the parties notice of the
assignment.
(b) FILING MEMORANDUM REPLYING TO RESPONSE TO OBJECTIONS.
Within 7 days after service of a response to objections filed under Bankruptcy Rule
9033(b), the party who filed the objections may file with the Clerk of the Bankruptcy
Court and serve a memorandum in reply to the response.
(c) PROPOSED ORDER.
Objections, and responses thereto, filed under Bankruptcy Rule 9033(b) must include a
proposed order captioned for the District Court and complying with DCt.LCvR 7(k).
(d) MOTIONS; FILING AND SERVICE; SIGNATURE; DISCLOSURE OF
CORPORATE AFFILIATIONS AND FINANCIAL INTERESTS.
The following rules apply to a de novo review proceeding under Bankruptcy Rule
9033(b):
(1) DCt.LCvR 7(m) (Duty to Confer on Nondispositive Motions);
(2) Bankruptcy Rule 8011 (“Filing and Service; Signature”) (with the words “other
parties to the appeal” in Bankruptcy Rule 8011(b) changed to “other parties to the
de novo review proceeding”); and
(3) Bankruptcy Rule 8012 (“Corporate Disclosure Statement”) (with “upon filing a
motion, response, petition, or answer in the district court” in Bankruptcy Rule
8012 (b) changed to “upon filing a paper intended for the attention of the District
Court”).
(e) STATEMENT OF POINTS AND AUTHORITIES.
Objections, and responses thereto, filed under Bankruptcy Rule 9033(b) must include or
be accompanied by a statement of the specific points of law and authority that support the
party’s position, including where appropriate a concise statement of facts. If a table of
cases is provided, counsel must place asterisks in the margin to the left of those cases or
authorities on which counsel chiefly relies.
(f) PAGE LIMITATIONS.
Without prior approval of the District Court, a party must not file a memorandum of
points and authorities in support of objections filed under Bankruptcy Rule 9033(b), or
filed in response to the objections, that exceeds 45 pages, or a reply memorandum that
exceeds 25 pages.
(g) DESIGNATION OF RECORD.
(1) Objecting Party. Within 14 days after filing the objections, the objecting party
must serve and file a designation of relevant items to be included in the record for
the District Court’s consideration.
(2) Responding Party. Within 14 days after service of the objecting party’s
designation of record, any other party may serve and file a designation of
additional items to be included in the record.
(3) Copies for the Clerk of the Bankruptcy Court. If paper copies of any items are
needed for the record, the party designating such items must provide a copy of any
of those items that the Clerk of the Bankruptcy Court requests. If the party fails to
do so, the Clerk of the Bankruptcy Court must prepare the copy at the party’s
expense.
(4) Transcript of Proceedings. If the record designated by any party includes a
transcript of any proceeding or a part thereof, then by the date of making that
designation, that party must deliver to the reporter (designated on the Bankruptcy
Court’s website–or authorized by order or rule of the Bankruptcy Court–to
prepare the transcript) and file with the Clerk of the Bankruptcy Court a written
order for the transcript and make satisfactory arrangements with the reporter for
paying the cost of the transcript. When a transcript is unavailable, the procedures
of Bankruptcy Rule 8009(c) apply (with the words “appellant” and “appellee”
changed to “objecting party” and “responding party,” respectively).
(5) Other Necessary Actions. All parties must take any other action necessary to
enable the Clerk of the Bankruptcy Court to assemble and transmit the record.
(6) Agreed Statement as the Record. The parties may submit an agreed statement of
facts as a proposed record. If the statement is accurate, it–together with any
additions that the Bankruptcy Court may consider necessary to a full presentation
of the issues–must be approved by the bankruptcy judge and then certified as the
record, and it shall constitute the record unless the District Judge undertaking de
novo review directs otherwise.
(7) Unsupported Finding or Conclusion. If an objecting party intends to argue that a
proposed finding or conclusion is unsupported by the evidence or is contrary to
the evidence, that party must include in the record a transcript of all relevant
testimony and copies of all relevant exhibits.
(8) Bankruptcy Court. The Bankruptcy Court may file a statement designating items
that it believes support its proposed findings of fact and conclusions of law and
that it recommends that the District Court direct be included in the record.
(h) RECORD TO BE TRANSMITTED.
The record must include the following:
• items designated by the parties;
• the proposed findings of fact and conclusions of law, the objections thereto,
any responses, and any reply;
• any transcript ordered;
• any statement of the Bankruptcy Court under paragraph (g)(8) of this rule; and
• any additional items that the District Court orders to be included.
(i) TRANSMITTAL OF RECORD TO 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 must transmit to the Clerk of the
District Court:
(1) the proposed findings of fact and conclusions of law, the objections thereto, any
responses, and any reply; and
(2) a notice that the record (except for any records under seal governed by DCt.LBR
5005-1) is available electronically.
(j) DISTRICT COURT MAY REQUEST PAPER COPIES OF RECORD.
The District Court may require that a paper copy of some or all of the record be furnished,
in which case the Clerk of the District Court will direct the movant to provide the copies.
If the movant fails to provide them, the Clerk of the Bankruptcy Court must prepare the
copies at the movant’s expense.
(k) PROCEEDINGS IN DISTRICT COURT.
After the record has been transmitted to the District Court, documents pertaining to the
objections must be filed with the Clerk of the District Court.
(l) OBJECTIONS UNDER BANKRUPTCY RULE 9033 WHEN THE BANKRUPTCY
JUDGE, WITHOUT AUTHORITY, ISSUED AN ORDER OR JUDGMENT
DECIDING A PROCEEDING.
If the Bankruptcy Court has issued a judgment or order deciding a proceeding and a party
contends that the Bankruptcy Court lacked authority to issue the judgment or order, then
DCt.LBR 8018.1-1 governs the requirement of filing of objections under Bankruptcy
Rule 9033 to the Bankruptcy Court’s findings of fact and conclusions of law as though
they were proposed findings of fact and conclusions of law.
COMMENT TO DCt.LBR 9033-1: Paragraph (a) is modeled on Bankruptcy Rule 8003(d), and
requires immediate transmission of the objections to the District Court, and the docketing of them
as a civil action, with the record to follow later.
Paragraphs (c), (e), and (f) are modeled on LCvR 7. Paragraph (g)(7) is modeled on Bankruptcy
Rule 8009(b)(5).
The objections papers filed in the Bankruptcy Court for the District Court’s eventual attention
should bear the caption of the Bankruptcy Court except that proposed orders intended for entry by
the District Court should bear the caption of the District Court, bear a signature line for a United
States District Judge, and, when a docket has not yet been opened in the District Court, leave the
Civil Action Number blank.
