Voluntary Dismissal of Adversary Proceeding Objecting to Discharge
U.S. Bankruptcy Court for the Eastern District of Pennsylvania
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A motion for the voluntary dismissal of a complaint objecting to discharge under §727 shall state (a) whether consideration was promised or given, directly or indirectly, for the withdrawal of the action; and (b) the terms of any agreement entered into between the debtor and a creditor. -42- Local Rule 5001-1 Court Administration (a) Emergency Judge. (1) The judge who is designated as “Emergency Judge” shall act instead of the judge to whom a case is assigned whenever the assigned judge is unavailable to determine a matter in the time within which judicial action is required. (2) During normal business hours, all inquiries concerning the Emergency Judge shall be referred to the clerk, who shall obtain complete information concerning the nature of the emergency, the name of the case, the names and telephone numbers of counsel and shall provide this information to the Emergency Judge who shall determine what action, if any, is required of the Emergency Judge. (3) Outside of normal business hours, all inquiries concerning the Emergency Judge shall be made to the Chief Security Officer for the District Court at the U.S Courthouse for the Eastern District of Pennsylvania, 601 Market Street, Philadelphia, PA 19106, who will contact the Clerk of the Bankruptcy Court.
(4) Whenever counsel requests immediate judicial action, the clerk shall contact the assigned judge and in the event that the judge cannot be reached or the judge consents to action by the Emergency Judge, the Emergency Judge shall act in accordance with paragraph (1) of this subdivision. (5) If the Emergency Judge is required to hold an extensive hearing or otherwise perform a substantial amount of work, the clerk may, at the request of the Emergency Judge and with the consent of the assigned judge, reassign the case to the Emergency Judge for all purposes. (b) Assignment of Cases. (1) Cases shall be assigned by a blind lottery method to judges sitting in a multi- judge location.
(2) If the filed papers indicate a later filed case is related to an earlier filed case, the clerk shall assign the later filed case to the same judge to whom the earlier case was assigned and notify the judge of that assignment. On motion of an interested party or if the judge receiving the later filed case is of the opinion that a relationship does not exist, the receiving judge may refer the case to the clerk for assignment by the blind lottery method in the same manner as if it were a newly filed case. (3) If the filed papers do not indicate that a later filed case is related to an earlier filed case, the court, on its own motion or on motion of an interested party, may determine that a case is related to another case or is more appropriately heard by -43- another judge and, with the consent of the receiving judge, reassign the case to the receiving judge.