(a) Reference to Bankruptcy Court.
All cases under Title 11 of the United States Code, and all proceedings
arising under Title 11 or related to a case brought under Title 11, are
referred to the bankruptcy court of this district under 28 U.S.C. § 157.
(1) Civil Cases.
Upon the filing of a suggestion in bankruptcy, or other notification that
a defendant in a civil case is a debtor in a bankruptcy case, the court
issues an order staying further proceedings in the case as to the
Effective December 1, 2025 Nebraska General Rules
party in bankruptcy. The case may proceed as to any parties not in
bankruptcy. If any party files a motion requesting referral of the case
to the bankruptcy court, the case is referred to the bankruptcy court
for further action. Upon receiving the referral, the bankruptcy judge
requests status reports from the parties. After reviewing the status
reports, the bankruptcy judge determines whether the case should
proceed in bankruptcy court or be returned to district court. If the
case is to be returned to district court, the bankruptcy judge files a
report and recommendation concerning withdrawal of the reference.
The report includes a recommendation regarding the necessity of the
debtor's participation in the case, and, if appropriate, the bankruptcy
judge enters an order in the bankruptcy case granting relief from the
automatic stay to allow the case to proceed with the debtor as a
party.
(2) Criminal Cases.
Upon notice to the court that a defendant in a criminal case is a
debtor in a bankruptcy case, the district court may refer to the
bankruptcy court questions about: restitution; forfeiture of assets,
which may be property of the bankruptcy estate; or other monetary
penalties. The bankruptcy judge responds with a recommendation
related to the estate issues.
(b) Withdrawal of Reference.
The district court may withdraw, in whole or in part, a reference under this
rule on its own or a party's timely motion.
(1) Motions for Withdrawal.
Motions for withdrawal of reference must be filed with the bankruptcy
court clerk. The district court refers motions for withdrawal of
reference to the bankruptcy court for a report and recommendation,
except as stated in Nebraska General Rule 1.5(b)(7).
(2) Report and Recommendation; Objections.
When a motion for withdrawal of reference is filed, a bankruptcy
judge after notice and hearing files a report and recommendation
with the bankruptcy and district courts. The district court may adopt
the report and recommendation if the parties file no objections within
14 days of service. Parties must file any objections to the report and
recommendation with both the bankruptcy and district courts.
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(3) Assignment of District Judge.
When the bankruptcy judge files the report and recommendation with
the district court, the motion for withdrawal of reference and the
bankruptcy court's report and recommendation are assigned to a
district judge under Nebraska General Rule 1.4(a)(2) and any
applicable general order regarding assignment of district judges. The
assigned district judge rules on the motion to withdraw. A motion for
withdrawal of reference does not stay any bankruptcy matter pending
before a bankruptcy judge, unless a district judge or a bankruptcy
judge issues a stay.
(4) Hearing on Objections.
If the assigned district judge holds a hearing on objections to the
report and recommendation, the order setting the hearing is filed in
both the district and bankruptcy courts.
(5) Order of Withdrawal.
If the district court withdraws the reference, the order is filed in both
the district and bankruptcy courts. The district court clerk notices
interested parties. When the bankruptcy court clerk receives a
withdrawal order, the bankruptcy court clerk delivers to the district
court clerk a transmittal letter with a list of the bankruptcy or
adversary documents necessary for the district court proceeding.
(6) Denial of Motion.
If the district court denies a motion for withdrawal of reference, the
order is filed in both the district and bankruptcy courts.
(7) Bankruptcy Judges Disqualified or Incapacitated.
If all bankruptcy judges are disqualified or incapacitated, the
bankruptcy court clerk refers motions for withdrawal of reference to
the district court clerk. The motion for withdrawal of reference is then
assigned to a judge under Nebraska General Rule 1.4(a)(2) and any
general order regarding assignment of judges. After conducting any
necessary proceedings, the assigned judge rules on the motion to
withdraw.
(c) Appeals from Bankruptcy Court Decisions.
Effective December 1, 2025 Nebraska General Rules
Appeals from bankruptcy court decisions must comply with 28 U.S.C. § 158
and federal and local bankruptcy rules.
(d) Jury Trials.
If the right to a jury trial applies in a bankruptcy proceeding, the district
judges specifically designate the bankruptcy judge to exercise the
jurisdiction to conduct jury trials in bankruptcy cases and adversary
proceedings with the consent of all parties.
