IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
IN THE MATTER OF:
STANDING ORDER OF REFERENCE STANDING ORDER
TO THE BANKRUPTCY COURT OF REFERENCE
UNDER TITLE 11
/, /
Upon the Court’s own motion and with approval of the Board
of Judges of the United States District Court, the Court has
determined to amend the Standing Order entered on July 23, 1984,
by the Honorable Clarkson S. Fisher, Chief Judge, to add a new ¶
5 thereof;
IT IS, this day of September, 2012, hereby
ORDERED that:
(1) Any or all cases under Title 11 of the United States
Code and any or all proceedings arising under Title 11
of the United States Code, or arising in or relating to
a case under Title 11 of the United States Code shall
be referred to the bankruptcy judges for the district.
(2) The district court may withdraw, in whole or in part,
any case or proceeding referred above, on its own
motion or on timely motion of any party, for cause
shown. The district court shall, on timely motion of
the parties, so withdraw a proceeding if it determines
that the resolution of the proceeding requires
consideration of both Title 11 and other laws of the
United States regulating the organization of activities
affecting interstate commerce.
(3) A bankruptcy judge may hear a proceeding that is not a
core proceeding as defined by the Act but that is
otherwise related to a case under Title 11. In such a
proceeding the bankruptcy judge shall submit proposed
findings of fact and conclusions of law to the district
court, and any final order or judgment shall be entered
by the district judge after considering the bankruptcy
judge’s proposed findings and conclusions and after
reviewing novo those matters to which any party has
timely and specifically objected.
(4) Notwithstanding Paragraph 1 above, the district court,
with the consent of all parties to the proceeding, may
refer a proceeding relating to a case under Title 11 to
a bankruptcy judge to hear and determine and to enter
appropriate orders and judgments, subject to review by
the district court under Section 158 of Title 28.
(5) If a bankruptcy judge or district judge determines that
entry of a final order or judgment by a bankruptcy
judge would not be consistent with Article III of the
United States Constitution in a particular proceeding
referred under this order and determined to be a core
matter, the bankruptcy judge may, unless otherwise
ordered by the district court, hear the proceeding and
submit proposed findings of fact and conclusions of law
to the district court. The district court may treat
any order of the bankruptcy court as proposed findings
of fact and conclusions of law in the event the
district court concludes that the bankruptcy judge
could not have entered a final order or judgment
consistent with Article III of the United States
Constitution.
FOR THE COURT:
C
(4EROME B. SIMANDLE
‘thief U.S. District Judge
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