Assignment of Cases

U.S. Bankruptcy Court for the District of Arizona

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the District of Arizona

Rule: 1073-1

Jurisdiction: DAZB

Bluebook Citation: Bankr. D. Ariz. R. 1073-1

All Rules: Bankr. D. Ariz. Local Bankruptcy Rules, complete index


Text

(a) New Petitions. Except as may be provided by General Order of the Court, new petitions commencing a case shall be assigned by the Clerk according to a random draw. (b) Temporary Reassignments. A case assigned to a particular judge may be reassigned to another judge.

The case will be reassigned by the Clerk to an available judge by random draw. (c) Recusal. Upon recusal of the assigned judge of an entire case, an adversary proceeding, contested matter, or other single matter within a case, the recused case, proceeding or matter will be reassigned by the Clerk to another judge by random draw. (d) Miscellaneous Assignments.

Whenever action is required on a miscellaneous matter for which no bankruptcy case pending, the Clerk shall assign the matter by random draw. (e) Voluntary Judicial Reassignments or Transfers. Notwithstanding this Local Rule, any judge may transfer any bankruptcy case, adversary proceeding, contested or other matter to another consenting judge. (f) Reinstatements.

Cases commenced by the reinstatement of a petition after dismissal may be reassigned to the judge to whom the case was previously assigned. Notes 2018: Minor text changes. 9 Rule 2002-1. Notices to Creditors (a) Motions and Applications.

It shall be the responsibility and duty of the movant or the applicant to give the required notice of the hearing set on the motion or application or of the bar date by which an objection is to be filed if a hearing is not required. (b) Discretion of the Court. Notwithstanding the provisions of this Local Rule, the Court may order that a particular party is responsible for notice. (c) Forms of Notice.

Whenever a motion or application is filed which is required to be noticed or requires a hearing, the movant or applicant must provide the form of notice. (d) Service on Certain Interested Parties. In all cases, if any notice is not required to serve on all parties on the Master Mailing List or the Official Service List, but instead is required to be served only on certain interested parties, the moving party or applicant is responsible for service. (e) Notice of Preferred Address.

An entity and a notice provider, including the Bankruptcy Noticing Center, may agree that when the notice provider is directed by the Court to give a notice to such entity, the notice provider shall do so in the manner agreed to and at the address or addresses the entity supplies. That address is conclusively presumed to be a proper address for the notice. The notice provider’s failure to use the supplied address does not invalidate any notice that is otherwise effective under applicable law. The filing of a notice of preferred address under 11 U.S.C. § 342(f) by an entity directly with the Bankruptcy Noticing Center will constitute the filing of such a notice with the Court.

Registration with the National Creditor Registration Service must be accomplished through the Bankruptcy Noticing Center that provides noticing services for the Bankruptcy Court. Forms and registration information is available at https://bankruptcynotices.uscourts.gov/. (f) Certificate of Service. Service shall be evidenced by either a separate certificate of service or appended to the motion.

If service is required to be made on the entire Master Mailing List or Official Service List, the most current version of the list must be attached as an exhibit to the certificate of service. Notes 2018: Under LR 9076-1, service through the Electronic Court Filing (ECF) system is proper service for documents governed by FRCP 5(b)(3), FRBP 7005, FRBP 9014(b), and FRBP 9022.

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