STIPULATIONS – PROCEDURAL REQUIREMENT

No stipulation between the parties modifying a prior order of the court or affecting the course or conduct of any civil proceeding will be effective until approved by the court. Local Rules of Civil Practice - District of Utah Eff. December 2025 92 DUCivR 83-6.1 BANKRUPTCY – ORDER OF REFERENCE OF BANKRUPTCY MATTERS TO BANKRUPTCY JUDGES Under 28 U.S.C. § 157(a), the following are automatically referred to the bankruptcy judges of this district: (1) (2) (3) any or all cases under title 11 of United States Code; any or all proceedings arising under title 11; or any or all proceedings arising in or related to a case under title 11. DUCivR 83-6.2 BANKRUPTCY – REMOVAL OF CLAIMS OR ACTIONS RELATED TO BANKRUPTCY CASES A notice of removal consistent with 28 U.S.C. § 1452(a) must be filed with the clerk of the bankruptcy court.

DUCivR 83-6.3 BANKRUPTCY – WITHDRAWAL OF THE REFERENCE OF BANKRUPTCY CASES, PROCEEDINGS, AND CONTESTED MATTERS (a) Withdrawal Motion. A motion requesting withdrawal of the reference must be filed in the bankruptcy court and allege that withdrawal is: (1) mandatory under 28 U.S.C. § 157(b)(5) because the proceeding is a personal injury tort or a wrongful death claim; (2) mandatory under 28 U.S.C. § 157(d) because resolution of the proceeding requires consideration of both title 11 and other laws of the United States regulating organizations or activities affecting interstate commerce; or (3) appropriate because cause exists under 28 U.S.C. § 157(d) as specified in the motion. Local Rules of Civil Practice - District of Utah Eff. December 2025 93 (b) Briefing Requirements.

A withdrawal motion must comply with DUCivR 7-1, unless the court orders otherwise or the parties stipulate to shorter requirements. (c) Filing Deadlines. (1) Bankruptcy Cases. A motion to withdraw the reference of a bankruptcy case may be made at any time.

(2) Adversary Proceedings. A motion to withdraw the reference of an adversary proceeding must be filed within 28 days of the time the movant files its first pleading. (3) Contested Matters. (A) If the person initiating the contested matter seeks to withdraw the reference, the motion must be filed separately and simultaneously with the pleading initiating the contested matter.

(B) Any other person seeking to withdraw the reference must separately file a withdrawal motion simultaneously with their initial response. (d) Transmittal of the Withdrawal Motion and Transfer to the District Court. (1) After transmittal of the motion to the district court, the following apply: (A) all filings related to the withdrawal motion must be filed in the district court; and (B) the local rules of the district court apply unless ordered otherwise. (2) After the withdrawal motion is granted, the following apply: (A) the bankruptcy court will transfer the bankruptcy case, adversary proceeding, or contested matter to the district court; (B) subsequent filings related to the withdrawn case, adversary proceedings, or contested matter must be filed in the district court; Local Rules of Civil Practice - District of Utah Eff.

December 2025 94 (C) all existing deadlines pending at the time of transfer remain in effect; and (D) the local rules of the district court apply unless ordered otherwise. DUCivR 83-6.4 BANKRUPTCY – LOCAL BANKRUPTCY RULES OF PRACTICE Under Fed. R. Civ. P. 83 and Fed. R. Bank. P. 9029, the district court authorizes the bankruptcy court to adopt rules of practice not inconsistent with title 11 and title 28 of the United States Code, the Federal Rules of Civil Procedure, the Federal Rules of Bankruptcy Procedure, and the local rules of the district court. The bankruptcy court rules of practice will be: (1) (2) subject to approval, ratification, or modification by the district court; and promulgated and applied uniformly by each of the bankruptcy court judges in this district.

DUCivR 83-6.5 BANKRUPTCY – JURY TRIALS IN BANKRUPTCY COURT Under 28 U.S.C. § 157(e), the district court expressly designates the bankruptcy judges to conduct jury trials. DUCivR 83-6.6 BANKRUPTCY – CRIMINAL CONTEMPT (a) Limited Authority. Bankruptcy judges may not exercise powers of criminal contempt, except when the conduct is committed in the presence of the court. (b) Certification to District Court.

(1) When there is an allegation that a person or a representative of an entity, who is subject to the bankruptcy court’s jurisdiction, has committed an act Local Rules of Civil Practice - District of Utah Eff. December 2025 95 or engaged in conduct that may constitute criminal contempt outside the presence of the court, the bankruptcy judge may certify the facts to the district court by serving an Order to Show Cause upon any person or entity whose behavior is at issue. (2) The Order to Show Cause must direct the person or representative of the entity to appear before a district court judge on a specific date and time to show cause why they should not be held in contempt. (c) Hearing Before District Court.

After receipt of the Order to Show Cause, the district court, in a summary manner, will hear the evidence and rule. DUCivR 83-6.7 BANKRUPTCY – APPEALS TO THE DISTRICT COURT FROM THE BANKRUPTCY COURT UNDER 28 U.S.C. § 158 Appeals to the district court, made under 28 U.S.C. § 158, must comply with DUCivR 10-1, the U.S. Bankruptcy Appellate Panel of the Tenth Circuit Local Rules (BAP Rules), and Part VIII of the Fed. R. Bankr. P. If there is any conflict between DUCivR 10-1 and the BAP Rules, DUCivR 10-1 governs. When applying the BAP Rules, any reference to the “bankruptcy appellate panel clerk” means the clerk of the district court and any reference to "this court" means the district court. Local Rules of Civil Practice - District of Utah Eff.

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