(A) Divisional and Judicial Assignment for Petitions Filed Under any Chapter Other than Under Chapter 15.
(1) Divisional Assignment. Petitions filed under any chapter other than chapter 15 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 reassigned:
(a) if the debtor is an individual, to the division where the first address listed by the debtor on the petition is located; or
(b) if the debtor is a non-individual, to the division where the principal 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).]
(2) Judicial Assignment for Petitions Filed Under any Chapter Other than Under Chapter 15.
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)(1).
(B) Divisional and Judicial Assignment for Petitions Filed Under Chapter 15. Chapter 15 petitions will be assigned to a judge and division on a blind rotation basis throughout the district.
(C) Judicial Reassignment.
(1) Reassignment Due to Recusal or Disqualification. 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.
(2) Requests for Assignment to a Specific Judge. Requests for assignment to a specific judge without regard to divisional classification shall be considered by the court upon motion by a party in the following cases:
(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.
Notice of reassignment of a case to another judge shall be provided to all parties of record by the clerk of court.
☞2022 Amendment: Local Rule 1073-1 is amended as Interim Local Rule 1073-1 to reflect change in the divisional and judicial assignment process for petitions filed under chapter 15 for recognition of a foreign proceeding. (See Administrative Order 2022-04). |