Scope of Rules.

U.S. District Court for the District of Hawaii

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

Rule: 1001.1

Jurisdiction: DHI

Bluebook Citation: D. Haw. L. Civ. R. 1001.1

(a) Scope of Rules. The Federal Rules of Bankruptcy Procedure and Official Bankruptcy Forms, promulgated under 28 U.S.C. § 2075, together with these Local Rules and any local bankruptcy rules adopted by the bankruptcy court, govern practice and procedure in all bankruptcy cases and adversary proceedings in this district. The Local Rules, and any local bankruptcy rules adopted by the bankruptcy court, supersede all previous local bankruptcy rules for the District of Hawaii. (b) Effective Date.

These rules shall apply to all bankruptcy cases and adversary proceedings pending on or initiated after the date of adoption. LR1070.1(a). General Reference. Pursuant to 28 U.S.C. § 157(a), all cases under Title 11 and all civil proceedings arising under Title 11 or arising in or related to a case under Title 11 are referred to the bankruptcy judges of this district, except as provided in LR1070.1(b).

A party may request that reference of a particular matter be withdrawn by filing a motion with the clerk of the bankruptcy court, who will promptly transmit the motion to the clerk of the district court. LR1070.1(b) Pending District Court Proceedings. Any civil proceeding arising in or related to a case under Title 11 that is pending in the district court on the date the Title 11 case is filed shall be referred to a bankruptcy judge only upon order of the district judge before whom the proceeding is pending. Such an order may be entered on the motion of a party, on the district judge’s own motion, or on the recommendation of a bankruptcy judge.

66 LR1070.1(c) Removed and Transferred Proceedings. Pursuant to the general reference provided in LR1070.1(a), the following may be filed with the clerk of the bankruptcy court: (1) A notice of removal of a claim related to a bankruptcy case under 28 U.S.C. § 1452(a); and (2) A bankruptcy case or proceeding transferred from another district under 28 U.S.C. § 1412. LR1070.1(d). Authorization of Bankruptcy Appellate Panel to Hear and Determine Appeals.

Pursuant to 28 U.S.C. § 158(b)(6), the Bankruptcy Appellate Panel of the Ninth Circuit may hear and determine appeals from judgments, orders, and decrees issued by bankruptcy judges in this district. LR1070.1(e) Authorization for Bankruptcy Court to Make Local Bankruptcy Rules. Pursuant to Fed. R. Bankr. P. 9029(a), the bankruptcy judges of this district are authorized to make and amend rules of practice and procedure in the bankruptcy court that meet the requirements of Fed. R. Civ. P. 83 and Fed. R. Bankr. P. 9029.

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