Transfer of Bankruptcy Matters to the District Court
The Notice of Appeal of a ruling of a bankruptcy judge must be filed in the Bankruptcy Court, along with the
filing fee payable to: U.S. Bankruptcy Court. The Bankruptcy
Clerk will transmit the record to the District Court
Clerk, where it will be assigned a civil case number
and receive a district judge assignment by random draw.
- Withdrawal of Reference
In matters in which the statute provides for trial before a district judge, counsel may request that the
case be heard in District Court. If such action occurs,
these procedures should be followed:
- File the application or motion with the Bankruptcy Court, which in turn will transmit it to the District Court.
- A miscellaneous case number will be assigned, and a district judge will be chosen by random draw to rule on the application.
- If the presiding judge grants the Motion to Withdraw Reference, the case will be heard in District Court in the usual manner.
Note: No filing fee is required on the District Court level. There
is a filing fee when the motion is presented to Bankruptcy Court.
Miscellaneous case numbers are normally assigned
to a variety of matters filed with the court which are
not considered a civil case. They are ancillary and
supplementary proceedings not defined as a civil action.
If the miscellaneous case is contested before a district
judge, it then receives a civil case number. Miscellaneous
cases could be directly or indirectly related to a case,
such as an application to perpetuate testimony as defined
in Rule 27, Fed.R.Civ.P., Etc. Miscellaneous actions
require resolution through the judicial system.
- A filing fee of $39.00 payable to "Clerk, US District
Court" is required.
- Filings in a miscellaneous case must follow the same guidelines set out in the Federal Rules of Civil Procedure and our Local Rules.