D.D.C. DCt.LBR 5011-1

(a) GENERAL.

Pursuant to 28 U.S.C § 157(a), all cases under Title 11 and all 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.

DCt.LBRs 5005-1 through 9033-1 supplement the Federal Rules of Bankruptcy Procedure

(the “Bankruptcy Rules”) and deal with the matters (references, de novo review, appeals,

etc.) governing the relationship between the United States District Court and the United

States Bankruptcy Court. The United States Bankruptcy Court has its own local rules

governing procedures within that court.

(b) REFERRAL INCLUDES ANY CIVIL ACTION REMOVED ON THE BASIS THAT

THE DISTRICT COURT HAS JURISDICTION OVER THE CIVIL ACTION

UNDER 28 U.S.C. § 1334.

The referral pursuant to paragraph (a) of proceedings to the bankruptcy judges of this

District includes any civil action (or claim or cause of action in a civil action) removed on

the basis that the District Court has jurisdiction over the civil action under 28 U.S.C. §

1334. DCt.LBR 9027-1 governs such removal.

(c) FILING OF DOCUMENTS IN A REFERRED CASE OR PROCEEDING.

Except as otherwise provided in DCt.LBR 5011-5, and in the Bankruptcy Rules relating to

appeals, all documents filed in any such referred case or proceeding, including the original

bankruptcy petition, must be filed with the Clerk of the Bankruptcy Court and must be

captioned “United States Bankruptcy Court for the District of Columbia.”

(d) EMERGENCY MATTERS WHEN NO BANKRUPTCY JUDGE IS AVAILABLE.

When the Bankruptcy Court or Clerk thereof files a notice in the Bankruptcy Court that no

bankruptcy judge is available to hear an emergency matter that requires immediate action,

the reference to the Bankruptcy Court of the emergency matter is deemed withdrawn, and:

(1) the Clerk of the Bankruptcy Court must transmit copies of the notice and the papers

relating to the emergency matter to the Clerk of the District Court who must docket

the emergency matter (1) as a miscellaneous matter, under the title of the

bankruptcy case and the title of any adversary proceeding in which the emergency

matter has arisen, and (2) as assigned to the Motions Judge under DCt.LCvR

40.8(b)(2);

(2) the Clerk of the District Court must give notice to the parties that the emergency

matter has been withdrawn and that, unless otherwise ordered, further papers

relating to the emergency matter must be filed with the Clerk of the District Court

bearing the Miscellaneous Number assigned to the withdrawn emergency matter;

(3) if the Motions Judge determines that there is no emergency requiring action on the

matter (or part thereof) before a bankruptcy judge is available, the Motions Judge

may enter an order declining to decide the matter (or part thereof) and terminate the

withdrawal of the matter or part thereof, as the case may be;

(4) the Motions Judge shall otherwise decide the emergency matter, but any subsequent

motion related to the Motions Judge’s order disposing of the emergency matter

must be filed in the Bankruptcy Court and handled by a bankruptcy judge, if

available, unless the Motions Judge who heard the emergency matter:

• in the order disposing of the emergency matter or a subsequent order issued

on the Motions Judge’s own initiative; or

• on motion of a party filed in the District Court in the miscellaneous matter;

or

• upon a recommendation of the bankruptcy judge transmitted to the same

Motions Judge who heard the emergency matter,

orders for cause that the same Motions Judge will handle the subsequent motion, in

which event the reference of the subsequent motion will be deemed withdrawn for

disposition in the miscellaneous matter, and the Clerk of the Bankruptcy Court

must transmit to the Clerk of the District Court for docketing under the

Miscellaneous Number the papers relating to the subsequent motion.

Paragraph (b) clarifies that civil actions removed under 28 U.S.C. § 1452(a) (or under the

more general removal provision of 28 U.S.C. § 1441(a)) on the basis that the District Court has

jurisdiction over the civil action pursuant to the bankruptcy jurisdiction statute, 28 U.S.C. § 1334,

are referred to the Bankruptcy Court. Pursuant to paragraph (c) and DCt.LBR 9027-1, the notice

of removal of such a civil action must be captioned for the Bankruptcy Court.

Paragraph (d) provides for deemed withdrawal of emergency matters for which a

bankruptcy judge is unavailable, thereby avoiding the necessity of a motion to withdraw the

reference; provides for the Motions Judge to hear the emergency matter; and addresses the extent

of that Motions Judge’s hearing any proceeding related to the Motions Judge’s disposition of the

emergency matter (such as a motion for reconsideration).