Select Local Rule Series

You are here

Divisional and Judicial Assignment of Cases

Local Rule Number: 
Rule 1073-1
1000 Series

(A)       Divisional Assignment.  All cases shall be reviewed by the clerk upon filing to verify correct divisional assignment and, where appropriate and absent other order of the court, the clerk shall issue a notice of divisional transfer to enable the case to be re-assigned:

(1)        if the debtor is an individual, to the division where the first address listed by the debtor on the petition is located; or

(2)        if the debtor is a non-individual, to the division where the principle place of business address listed by the debtor on the petition is located.

If a party in interest believes that the case should be assigned to a different division within this district, such party shall file a motion requesting transfer to the desired division and state the reasons therefor.

[Comment: See Local Rules 1015-1(A) (addressing judicial assignment of cases in certain circumstances) and 1071-1 (divisions of court).]  

☞ 2015 Amendment: Sections (A)(1) and (A)(2) have been rewritten to conform to amended language in Official Bankruptcy Form petitions.

(B)       Judicial Assignment.

(1)        All cases shall be assigned on a blind rotation basis, within each chapter category, to a judge assigned to hear cases in the division to which the case has been assigned pursuant to subdivision (A).

(2)        A matter from which a judge has been recused or disqualified shall be reassigned by the clerk:

(a)       first to another judge resident in the same division, or

(b)       to another division if the judge being recused or disqualified is the only resident judge in that division.

(3)        Assignment to a specific judge without regard to divisional classification shall be considered by the court on motion by a party in the following cases upon the filing of a motion:

(a)        all cases with individuals and their spouses, whether filed jointly or severally; and

(b)       cases that may be jointly administered pursuant to Bankruptcy Rule 1015.

(4)        Notice of reassignment of a case to another judge shall be provided to all parties of record by the clerk of court.

 [Comment: See also Local Rule 7003-1(C) (judicial assignment of adversary proceedings).]

☞ 2017 Amendment: Local Rule 1073-1 has been amended to reflect adoption of Interim Local Rule 1073-1 by Administrative Order 2017-01.

 

☞2017 Amendment: Local Rule 1073-1 has been amended to reflect adoption of Interim Local Rule 1073-1(B)(3)(a) by Administrative Order 17-04.