(a) Matters Referred to the Bankruptcy Judges
(1) Unless withdrawn by a district judge, all cases under Title 11 of the United States Code
and any or all proceedings arising under Title 11 or arising in or related to a case under Title 11 are referred
to bankruptcy judges. The court intends to give bankruptcy judges the broadest possible authority to
administer cases and proceedings properly within their jurisdiction.
(2) Under 28 U.S.C. § 157(b)(1), bankruptcy judges will hear and determine all cases under
Title 11 and all core proceedings (including those listed in 28 U.S.C. § 157(b)(2)) arising under Title 11, or
arising in or related to a case under Title 11, and will enter appropriate orders and judgments, subject to
review under 28 U.S.C. § 158.
(3) Bankruptcy judges will hear all the non-core proceedings related to a case under Title 11.
(A) By Consent. With the parties’ express consent, bankruptcy judges may conduct
hearings and enter appropriate orders or judgments in the proceeding, subject only to review under 28
U.S.C. § 158.
(B) Absent Consent. Absent consent of the parties, bankruptcy judges will conduct
hearings and file proposed findings of fact and conclusions of law and a proposed order or judgment with
the bankruptcy clerk. Bankruptcy judges may also file recommendations for expedited review. The
bankruptcy clerk will immediately serve copies on all parties by mail and enter the date of mailing on the
docket. Objections to a bankruptcy judge’s proposed findings of fact and conclusions of law must be filed
as required by Fed. R. Bankr. P. 9033(b) and (c).
(b) Motions to Withdraw. District judges will hear motions to withdraw cases or proceedings. The
district clerk will serve a copy of the order on the bankruptcy clerk and the bankruptcy judge.
(c) Matters to be Heard and Determined or Tried by District Judges. District judges will hear
and determine cases or proceedings withdrawn under 28 U.S.C. § 157(d). District judges will also try
personal injury tort and wrongful death claims under 28 U.S.C. § 157(b)(5). If necessary, parties may
move under (b) to withdraw a personal injury tort or wrongful death claim from a bankruptcy judge.
(d) Filing Papers.
(1) While cases or proceedings are pending before a bankruptcy judge, or before entry of an
appeal on the district court docket under Fed. R. Bankr. P. 8010(b), all papers -- including removal notices
under 28 U.S.C. § 1452(a) and motions to withdraw the reference -- will be filed with the bankruptcy clerk.
If a notice of removal is mistakenly filed with the district clerk, the district clerk will note on the notice the
date on which it was received and transmit it to the bankruptcy clerk. It will be deemed filed with the
bankruptcy clerk on the date noted.
(2) After a contested matter or proceeding is assigned to a district judge, all papers in the
matter or proceeding must bear a civil case number in addition to the bankruptcy case number(s) and
must be filed with the district clerk.
(3) With the exception of papers required under Fed. R. Bankr. P. 8009, after the district clerk
gives notice of the date on which the appeal was docketed, all papers must bear a civil case number in
addition to the bankruptcy case number(s) and must be filed with the district clerk.
United States District Court
Eastern District of Michigan
(e) Submitting Papers, Records or Files to the District Court; Assigning District Judges.
(1) The bankruptcy clerk will submit the necessary papers to the district clerk when:
(A) the time for filing objections under Fed. R. Bankr. P. 9033(b) expires;
(B) a district judge enters an order under 28 U.S.C. § 157(d);
(C) a party files a motion to withdraw a case or proceeding;
(D) a bankruptcy judge determines that a case or proceeding is one in which a
personal injury tort or wrongful death claim is to be tried in a district court under 28 U.S.C. § 157(b)(5); or
(E) the record is complete for purposes of appeal under Fed. R. Bankr. P. 8010(b).
(2) In connection with matters other than appeals, the bankruptcy clerk will send a notice to
the parties identifying the papers submitted to the district clerk.
(3) Subject to (4), below, the district clerk will assign a civil case number to each matter
submitted. The district clerk will assign all cases and proceedings arising out of a bankrupt estate to the
district judge to whom the case was first assigned. If there is no prior assignment, the district clerk will
assign the matter under LR 83.11.
(4) If the assigned judge believes that a bankruptcy case is one of unusual complexity, then,
with the consent of the assigned judge, the chief judge may reassign to other judges of this court by
random draw subsequent cases, motions to withdraw the reference under 28 U.S.C. § 157(d), proceedings
withdrawn under 28 U.S.C. § 157(d), and appeals under 28 U.S.C. § 158, arising from that bankruptcy case
for the purpose of docket efficiency and to expedite the resolution of such matters. In such a case, the
following case management guidelines apply:
(A) In motions and appeals, expedited briefing schedules should be ordered.
(B) Oral argument should be allowed, unless the court finds explicitly that oral
argument will delay or inhibit the decision.
(C) The order or opinion deciding motions and appeals should be filed within 28 days
of oral argument.
COMMENT: If multiple matters are reassigned under (e)(4), the chief
judge will consider whether each subsequent matter should be treated
as a companion case and reassigned under the companion case rule in LR
83.11(b)(7). The 2022 amendments changed the references to the
Federal Rules of Bankruptcy Procedure to conform to the numbering
changes to hose rule citations.
October 1, 2022
United States District Court
Eastern District of Michigan
LR B.1 Exigent Circumstances in Proceedings Commenced by Attachment and Garnishment
and Actions in Rem
Exigent circumstances shall exist when the assigned judge, presiding judge and Chief Judge of the
district are unavailable to make a determination as to whether the conditions for the issuance of a warrant
for arrest or writ for attachment or garnishment of maritime property exist and the property to be subject
to the arrest or attachment may in the immediate future leave the District. For purposes of this Local
Rule, a Judge shall be deemed unavailable, unless the Judge indicates that he or she will immediately
consider the proposed order.
January 1, 1992
United States District Court
Eastern District of Michigan
LR E.1 Actions in Rem and Quasi in Rem
(a) Advance Deposit for Cost. The United States Marshal shall collect in advance of the arrest,
attachment or garnishment only that amount sufficient to cover the cost of service or process, United
States Marshal's insurance and 10 days’ keeper and maintenance fees. If the plaintiff is represented by
an attorney duly authorized to practice in this District, then the advance deposit for cost may be satisfied
by tendering to the United States Marshal a check from the attorney or attorney's firm in the amount of
the required deposit. The United States Marshal shall not deliver any property so released until costs and
charges of the Court have been paid.
(b) Custody and Operation of Seized Vessels. On seizure of a vessel by arrest or attachment, the
marshal must appoint as custodian of the vessel the master or other officer in control of the vessel if the
master or other officer accepts the responsibilities and liabilities of the appointment. Absent such
acceptance, the marshal must make other satisfactory arrangements for the safekeeping of the vessel.
The marshal in either event may require the party at whose instance the vessel was seized to pay the fees
and costs as incurred. On motion of the plaintiff or another person claiming an interest in the vessel, the
court may appoint a different custodian. In that event the person at whose instance the appointment was
made must pay the fees and costs as incurred. Unless restriction of the vessel is necessary for its
safekeeping, the loading or discharging of cargo or other normal working of the vessel shall not be
impeded. The marshal may permit the vessel to be moved from berth to berth within a marine terminal
or to a local anchorage within the district without further court order.
(c) Release of Maritime Property. The United States Marshal shall release property under arrest,
attachment or garnishment upon receipt of any of the following:
(1) An order of the Court expressly authorizing the release; or
(2) A stipulation signed by the party on whose behalf the property is detained, or his or her
attorney, expressly authorizing the release; or
(3) A voluntary dismissal under Fed. R. Civ. P. 41(a) signed by the party on whose behalf the
property is detained, or his or her attorney, which expressly authorizes the release.
(4) Under (2) and (3), it is not necessary that the defendant or his or her attorney sign the
pleading.
March 1, 2010
United States District Court
Eastern District of Michigan
