CACB — Reference of Cases and Proceedings to the Bankruptcy Judges of the Central District of California, and Reference of Appeals to the Bankruptcy Appellate Panel

Source: https://www.cacb.uscourts.gov/sites/cacb/files/documents/general-orders/GO%2013-05.pdf

Sparse pages use OCR; original PDF remains authoritative.

k WY N Co Oo IT DH WH 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FILED CLERK, U.S. DISTRICT COURT igi OF CALIFORNIA < DEPUTY Ag) tos DISTR UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA IN THE MATTER OF GENERAL ORDER NO. 13-05 REFERENCE OF CASES AND Supersedes General Order Nos. PROCEEDINGS TO THE 66, 266-A, 269, and 96-04) BANKRUPTCY JUDGES OF THE CENTRAL DISTRICT OF CALIFORNIA, AND REFERENCE OF APPEALS TO THE BANKRUPTCY APPELLATE PANEL The following is hereby ORDERED: (1) Referral of Bankruptcy Cases and Proceedings. Pursuant to 28 U.S.C. § 157(a), the Court hereby refers to the bankruptcy judges for the Central District of California all cases under Title 11 of the United States Code (“Title 11”) and all proceedings arising under Title 11 or arising in or related to a case under Title 11. (2) Authority of Bankruptcy Judges. The bankruptcy judges of the Central District of California may, upon consent of the parties, hear, determine, and enter final orders and judgments in any proceeding referred to the bankruptcy judges under this court’s General Orders, regardless of whether that proceeding may be designated as “core” or “non-core” within the meaning of 28 U.S.C. § 157. Absent the parties’ consent, the bankruptcy judges of the Central District of California may:

oo ON DW &F WB NY el ol Bw NO =» © 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 General Order No. 13-05 (a) hear, determine, and enter final orders and judgments in all cases under Title 11 and all core proceedings arising under Title 11, or arising in a case under Title 11, that may be heard and determined by a non-Article III tribunal; and (b) in non-core proceedings, and in core proceedings that may not be determined by a non-Article III tribunal, hear proceedings and submit proposed findings of fact and conclusions of law to the district court; any final order or judgment in such a proceeding shall be entered by the district judge after considering the bankruptcy judge’s proposed findings and conclusions and after reviewing de novo those matters to which any party has timely and specifically objected. (3) Jury Trials. Pursuant to 28 U.S.C. § 157(e), the court hereby specially designates all bankruptcy judges of the Central District of California to conduct jury trials, with the express consent of all the parties, in all proceedings referred to the bankruptcy judges under this court’s General Orders in which the right to a jury trial applies. Jury trials in bankruptcy court shall be subject to the jury plan in effect for the Central District. If the parties consent to a jury trial in a proceeding before a bankruptcy judge, they will be deemed to have consented to the entry of a final order by the bankruptcy judge in that proceeding. (4) Transferring Cases Back to District Court. If the bankruptcy judge to whom a case is assigned determines that a specific case or proceeding should be heard in the district court, that bankruptcy judge may, on the judge’s own motion, transfer the case or proceeding to the district court. The transfer order shall include a statement of legal authorization as to the basis for transfer to the district court. (5) Appeals. Pursuant to 28 U.S.C. § 158(b)(2), the court hereby authorizes a bankruptcy appellate panel to hear and determine, upon the consent of all the parties: appeals from final judgments, orders, and decrees entered by

Co ON DAH FF Ww BY Yb Ne NY NY NY NY NY NY WD eo 7 aun & O88 fF FSBO eAABRBERTS General Order No. 13-05 bankruptcy judges from this district; and, with leave of the panel, appeals from interlocutory judgments, orders, and decrees entered by bankruptcy judges from this district. The appeals the bankruptcy appellate panel may hear under this paragraph include: appeals filed in the district court on or after July 10, 1984, the effective date of enactment of the Bankruptcy Amendments and Federal Judgeship Act of 1984 (“Act”); and appeals transferred from the bankruptcy appellate panel to the district court pursuant to section 115(b) of the Act. (6) Effective Date. This General Order shall become effective upon filing by the Clerk of this Court. IT IS SO ORDERED. / — CHIEF UNITED STATES fs) RICT JUDGE Date of Approval by the Court: June 26, 2013 Date of Filing by the Clerk: July 1, 2013