US · rules
D.N.H. LR 77.4
Bankruptcy
(a) Delegated Jurisdiction. Pursuant to 28 U.S.C. § 157(a), any or all cases under title 11,
and any or all proceedings arising under title 11 or arising in or related to a case under title 11,
shall be referred to the bankruptcy judges for the district.
(b) Local Rules of Bankruptcy Practice. Pursuant to B.R. 9029, the bankruptcy judges
of this district are authorized to make such rules of practice and procedure as they may deem
appropriate, subject to the requirements of Fed. R. Civ. P. 83, provided that in promulgating
the rules governing the admission or eligibility to practice in the bankruptcy court, the
bankruptcy judges shall require district court admission except for pro se appearances or for
appearances pursuant to the student practice rule of this court.
The bankruptcy judges, as officers of the court, are empowered to grant pro hac vice
admission to the court for bankruptcy matters in the manner provided by these rules.
(c) Final Order or Judgment. If a bankruptcy judge determines that entry of a final order
or judgment would not be consistent with Article III of the United States Constitution in a
particular referred proceeding that is determined to be a core matter under 28 U.S.C. § 157,
the bankruptcy judge shall hear the proceeding and submit proposed findings of fact and
conclusions of law to the district court in compliance with Fed. Civ. R. 52(a)(1).
The district judge shall make a de novo review of any portion of the bankruptcy judge’s
findings of fact or conclusions of law to which specific written objection has been made in
accordance with the federal and local rules of bankruptcy procedure. The district judge may
accept, reject, or modify the proposed findings of fact or conclusions of law, receive further
evidence, or recommit the matter to the bankruptcy judge with instructions. The district court
may treat any order or judgment of the bankruptcy court as proposed findings of fact and
conclusions of law in the event the district court concludes that the bankruptcy judge could
not have entered a final order or judgment consistent with Article III of the United States
Constitution.
(d) Appeals.
(1) Bankruptcy Court Authorization. The bankruptcy court is authorized and
directed under B.R. 8002(d) and 9006(d) to hear motions to extend the time for filing a
notice of appeal. Bankruptcy court orders entered under this subsection may be
reviewed by the district court on motion filed within fourteen (14) days after entry of
the order sought to be reviewed. Further, the district court may dismiss an appeal in
which the appellant has failed to file a designation of items as required by B.R. 8006.
(2) Notice of Docketing and Briefing Schedule. Upon receiving the record or
notice of its availability electronically, the clerk’s office shall issue a notice confirming
receipt of record. Parties shall file briefs in accordance with the deadlines established in
B.R. 8018. Unless leave is granted to extend the deadlines, the case is submitted to the
assigned judge after the time for filing a reply brief has expired.
(3) Failure to Comply with Briefing Deadlines. If the appellant’s brief is not
received within the time specified by B.R. 8018, the court may impose an appropriate
sanction, which may include dismissal of the appeal for lack of prosecution.
(4) Judgment. Upon receipt of the court’s opinion, the clerk shall enter judgment in
accordance with B.R. 8024(a) and provide notice of the judgment in accordance with
B.R. 8024(b).
(5) Statement Regarding Interested Parties. Any party filing a brief, other than
governmental parties, shall file a statement, attached to the last page of its brief and
substantially in the form of Civil Form 7, indicating whether the party knows of any
interested party who is not listed in the notice of appeal. The filing is excluded from the
brief length limitations.
An “interested party” includes all persons, associations, firms, partnerships,
corporations, guarantors, insurers, affiliates, or other legal entities that are financially
interested in the outcome of the appeal. When a corporation is a party to an appeal, the
Statement of Interested Parties shall identify any parent corporation and any publicly
held corporation that owns 10% or more of its stock or state that there is no such
corporation. An individual listing is not necessary if a large group of persons or firms
can be specified by a generic description. The Statement of Interested Parties shall
include the names of attorneys who have previously appeared for a party in the case or
proceeding below but who have not entered an appearance with the court on appeal.
(e) Cases and Proceedings Withdrawn by District Judge. A reference under this rule
may be withdrawn in whole, or in part, by a district court judge sua sponte or on timely
motion of a party. The district court refers motions for withdrawal of reference to the
bankruptcy court for a report and recommendation as to disposition.
Motions for withdrawal of reference shall be filed with the clerk of the bankruptcy court. The
bankruptcy judge shall issue and file a report and recommendation and file it with the clerk of
the bankruptcy court. Copies of the report and recommendation shall be sent to the parties.
The parties shall have fourteen (14) days from the date of the report and recommendation to
file any objections thereto with the bankruptcy court. Upon expiration of the period for
objection, the bankruptcy court shall forward the necessary documents along with the
recommendations and any objections thereto to the district court. The district judge may
accept, reject, or modify, in whole or in part, the recommendation of the bankruptcy judge and
determine the disposition of the motion.
Upon filing of the report and recommendation of the bankruptcy court with the clerk of the
district court, the motion and report and recommendation shall be assigned to a district court
judge. A motion for withdrawal of reference shall not stay any bankruptcy matter pending
before a bankruptcy judge, unless a specific stay is issued by a district court judge or a
bankruptcy judge.
(f) Jury Trials. Provided all parties expressly consent, the bankruptcy judges of this
district are authorized to conduct jury trials in those instances where a right to a jury trial
attaches in a proceeding that may be heard by a bankruptcy judge under 28 U.S.C. § 157.
(g) Statistical Closing. The clerk’s office shall statistically close any action stayed by
court order because a party has filed a bankruptcy case.
(§§ (c)(1), (2) and (3) and § (d) amended 12/1/09; § (a) amended 12/1/11; added § (c), relettered
(c) – (f) 12/1/13; § (d)(1)-(4) amended 12/1/15; § (d)(5) added 12/1/17)
Provenance
- Source
- www.nhd.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-19
- Content hash
748987a2da966384a90e90ac1f0f3fd1242adbbadf9e34fd7ba4e91ea3466384
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