Standing Order 7/15/94; Waiver of Notice of Claim

U.S. Bankruptcy Court for the Western District of New York

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Western District of New York

Rule: 1009-1

Jurisdiction: WDNYB

Bluebook Citation: Bankr. W.D.N.Y. R. 1009-1

LBR 3001(e)(2) Standing Order 4/23/96; Blanket Trustee Designation in Chapter 13 Cases LBR 2008 Standing Order 8/5/92; Section 362 Motions in Chapter 7 and Chapter 13 Cases in Rochester and Watkins Glen LBR 9013 Standing Order 3/9/93; Section 554 Motions in Rochester and Watkins Glen Standing Order 3/9/93; Section 522(f) Motions in Rochester and Watkins Glen Standing Order 4/13/93; Revised re: Section 522(f) Motions in Rochester and Watkins Glen Standing Order 5/20/93; Rule 3007 - Objections to Claims- Procedure in Rochester and Watkins Glen Standing Order 7/25/94; Section 722 Motions in Rochester and Watkins Glen Standing Order 7/26/95; Section 1229 and 1329 Modification Motions in Rochester and Watkins Glen LBR 9013 LBR 9013 LBR 9013 LBR 3007 LBR 9013 LBR 9013 -26- UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK -------------------------------------------------------------------------- PROCEDURE FOR THE HANDLING OF CASES UNDER AND PROCEEDINGS ARISING UNDER, AND PROCEEDINGS ARISING IN OR RELATED TO A CASE UNDER TITLE 11 U.S.C. Pursuant to § 157(a), Title 28, U.S.C., added by § 104(a) of the Act of July 10, 1984, Public Law 98-353, and subject to the remaining provisions of § 157, IT IS ORDERED that all cases under Title 11, U.S.C. and all proceedings arising under Title 11, U.S.C. or arising in or related to a case under Title 11, U.S.C. pending on June 27, 1984 or filed on or after June 28, 1984 are referred to the bankruptcy judges for this District, to be assigned in accordance with their assignment rules. Dated: Buffalo, NY July 13, 1984 /s/ John T. Curtin Hon. John T. Curtin, Chief Judge /s/ John T. Elfvin Hon. John T. Elfvin U.S.D.J. /s/ Michael A. Telesca Hon. Michael A. Telesca U.S.D.J. -27- UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ------------------------------------------------------------------------------------- IMPLEMENTATION OF THE ACT OF JULY 10, 1984, PUBLIC LAW 98-353 Supplementing this Court’s Order dated July 13, 1984 which provided “Procedure for the Handling of Cases Under and Proceedings Arising Under, and Proceedings Arising in or Related to a Case Under Title 11 U.S.C.” and by way of further implementation of the Act of July 10, 1984, Public Law 98-353, it is ORDERED, pursuant to § 154(b), Title 28, United States Code, that Beryl E. McGuire is designated Chief Judge of the Bankruptcy Court for the Western District of New York, and it is FURTHER ORDERED that the Bankruptcy Judges of this District are authorized to promulgate local rules consistent with and necessary to the implementation of Public Law 98-353; the provisions of Title 11, United States Code, as amended; and the provisions of the Rules of Bankruptcy Procedure, as amended; and it is FURTHER ORDERED, pursuant to §157(b)(5), Title 28, United States Code, that personal injury tort and wrongful death claims shall be tried in the district court in which the bankruptcy case is pending, or in the district court in the district in which the claim arose, as determined by the district court in which the bankruptcy case is pending. Dated: September 18, 1984 /s/ John T. Curtin Hon. John T. Curtin, Chief Judge /s/ John T. Elfvin Hon. John T. Elfvin, U.S.D.J. /s/ Michael A. Telesca Hon. Michael A. Telesca, U.S.D.J. -28- UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK _________________________________________________________ REAFFIRMATION OF THE ORDERS IMPLEMENTING THE ACT OF JULY 10, 1984, PUBLIC LAW 98-353 In reaffirmation of the Order of this Court dated July 13, 1984, which provided “Procedure for the Handling of Cases Under and Proceedings Arising Under, and Proceedings Arising in or Related to a Case Under Title 11 U.S.C.” and the Order of this Court dated September 18, 1984, which further implemented the Act of July 10, 1984, Public Law 98-353, it is ORDERED, pursuant to § 154(b), Title 28, United States Code, that Beryl E. McGuire is designated Chief Judge of the Bankruptcy Court for the Western District of New York, and it is FURTHER ORDERED that the Bankruptcy Judges of this District are authorized to promulgate local rules consistent with and necessary to the implementation of Public Law 98-353; the provisions of Title 11, United States Code, as amended; and the provisions of the Rules of Bankruptcy Procedure, as amended; and it is FURTHER ORDERED, pursuant to § 157 (b) (5), Title 28, United States Code, that personal injury tort and wrongful death claims shall be tried in the district court in which the bankruptcy case is pending, or in the district court in the district in which the claim arose, as determined by the district court in which the bankruptcy case is pending. Dated: May 20, 1992 /s/ Michael A. Telesca Hon. Michael A. Telesca Chief Judge /s/ David G. Larimer Hon. David G. Larimer, U.S.D.J. /s/ Richard J. Arcara Hon. Richard J. Arcara U.S.D.J. /s/ William M. Skretny Hon. William M. Skretny, U.S.D.J. /s/ John T. Curtin Hon. John T. Curtin, U.S.D.J. /s/ John T. Elfvin Hon. John T. Elfvin, U.S.D.J. -29- UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ____________________________________________________________ IN THE MATTER OF THE APPOINTMENT OF CHIEF JUDGE, BANKRUPTCY COURT, ORDER OF APPOINTMENT OF CHIEF BANKRUPTCY JUDGE WESTERN DISTRICT OF NEW YORK _____________________________________________________________ The Court having been advised by the Honorable Beryl E. McGuire that he intends to resign as Chief Judge of the Bankruptcy Court for the Western District of New York effective January 1, 1993, and the Court having selected the Honorable Michael J. Kaplan as his successor pursuant to 28 U.S.C. § 154(b), it is hereby ORDERED, that the Honorable Michael J. Kaplan is appointed Chief Judge of the Bankruptcy Court for the Western District of New York commencing January 1, 1993, and expiring December 31, 1999.

SO ORDERED.

DATED: Rochester, New York December 21, 1992 /s/ Michael A. Telesca Chief Judge United States District Court -30-

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