Civil Matters

Transfer of Bankruptcy Matters to the District Court

1. Appeals
   

   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.

2. 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:

   1. File the application or motion with the Bankruptcy Court, which in turn will transmit it to the District Court.
   2. A miscellaneous case number will be assigned, and a district judge will be chosen by random draw to rule on the application.
   3. 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 Cases

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.

1. A filing fee of $39.00 payable to "Clerk, US District Court" is required.
2. Filings in a miscellaneous case must follow the same guidelines set out in the Federal Rules of Civil Procedure and our Local Rules.