US · rules
E.D. Okla. LCvR 84.1
Bankruptcy Cases
(a) Matters Referred to the Bankruptcy Judges.
(1) Pursuant to 28 U.S.C. § 157(a), all cases under Title 11 of the United States
Code and any and all proceedings arising under Title 11 or arising in or related
to a case under Title 11 shall be and hereby are referred to the bankruptcy
judges for this district.
(2) The bankruptcy judges shall hear and determine all cases under Title 11 and all
core proceedings arising under Title 11 or arising in a case under Title 11, and
may enter appropriate orders and judgments, subject to review under 28 U.S.C. §
158; provided, however, that personal injury tort and wrongful death claims shall
be tried in the district court in accordance with 28 U.S.C. § 157(b)(5).
(3) The bankruptcy judges may hear a proceeding that is not a core proceeding but
that is related to a case under Title 11. Resolution of such matters shall be
governed by 28 U.S.C. § 157(c).
(4) All removed claims and causes of action removed from state court pursuant to
Fed. R. Bankr. P. 9027 are hereby referred to the bankruptcy judge assigned to the
case to which the removed action relates. The bankruptcy judge shall hear and
determine all such removed proceedings subject to review and appeal as allowed
under 28 U.S.C. §§ 157 and 158 and the Federal Rules of Bankruptcy Procedure.
(5) The bankruptcy judges shall hear and enter appropriate orders on all motions
related to appeals prior to the entry of the appeal on the docket of the district
court or bankruptcy appellate panel. Orders entered during this period are
subject to review or appeal as allowed under 28 U.S.C. §§ 157 and 158.
(b) Motions for Withdrawal of Reference.
(1) Motions for withdrawal of the reference of a case, proceeding or contested matter
(collectively, a "proceeding") shall be timely filed with the bankruptcy clerk, shall
be accompanied by the required filing fee, and shall be governed by Fed. R.
Bankr. P. 5011 and 9014. In the motion, the movant shall allege whether the
proceeding is a core proceeding under 28 U.S.C. § 157(b) or a proceeding that is
otherwise related to a case under Title 11.
(2) Motions for withdrawal of a bankruptcy case shall be filed and served within
fourteen (14) days after the first meeting of creditors is held in the case. Motions
for withdrawal of an adversary proceeding or a contested matter shall be filed and
served at the same time the party filing such motion files its first pleading
responding to claims asserted in the adversary proceeding or contested matter.
(3) Responses to motions for withdrawal shall be filed with the bankruptcy clerk
within fourteen (14) days from service of the motion. Replies may be filed only
with leave of the bankruptcy court.
(4) Within a time period reasonable under the circumstances of the matter, the
bankruptcy judge shall enter an order pursuant to 28 U.S.C. § 157(b)(3),
determining whether the proceeding is a core proceeding or a proceeding that is
otherwise related to a case under Title 11 and forward the order to the district
court together with a copy of the record of the proceeding for which withdrawal
is sought.
(c) Appeals. All appeals from final judgments, orders and decrees of bankruptcy judges and,
with appropriate leave, from interlocutory orders and decrees of bankruptcy judges shall
be taken in the manner prescribed by 28 U.S.C. § 158 and Part VIII of the Federal Rules
of Bankruptcy Procedure, as supplemented by the Local Rules of the U.S. Bankruptcy
Court for the Eastern District of Oklahoma.
(d) Briefs for Bankruptcy Appeals. The time limits specified in Fed.R.Bankr.P. 8016(e),
8017(e), and 8018 for filing briefs shall apply in appeals from the bankruptcy court
unless the district court fixes different limits in a specific case on its own motion or the
motion of a party in interest. Unless otherwise stated in this local rule, briefs for an
appeal from the bankruptcy court are governed by the rules found at LCvR 5.2 and 7.1.
(e) Unless otherwise ordered by the Court, oral argument as required by Bankruptcy Rule
8012 is excused.
(f) Transmittal of Records or File by the Bankruptcy Court. The bankruptcy clerk shall
transmit the record or file of a case, proceeding or contested matter (collectively, a
"proceeding") to the Court Clerk as follows:
(1) a copy of the record, after the expiration of time for filing objections to
the bankruptcy court's proposed findings of fact and conclusions of law in non-core "related-to" proceedings pursuant to Fed. R. Bankr. P. 9033(b);
(2) a copy of the record of the proceeding for which a withdrawal of reference is
sought upon the entry of the order required by LCvR 84.1(b)(4);
(3) the file, upon the receipt of an order by a district judge pursuant to 28 U.S.C. §
157(d) withdrawing the reference;
(4) the file, upon the filing of a recommendation by a bankruptcy judge that a
proceeding is one in which a personal injury tort or wrongful death claim shall be
tried in the district court pursuant to 28 U.S.C. § 157(b)(5); and
(5) the record, when it is complete for purposes of appeal pursuant to Fed. R. Bankr.
P. 8010.
(g) Assignment of District Judges. The Court Clerk shall assign a district judge to the
transmitted matter or proceeding in accordance with random assignment procedure used
in assigning civil cases unless a prior assignment of a related matter requires assignment
of the newly transmitted matter or proceeding to a particular district judge.
(h) Jury Trials.
(1) In accordance with 28 U.S.C. § 157(e), if the right to a jury trial applies in a
proceeding that may be heard by a bankruptcy judge, each of the bankruptcy
judges for this district is hereby specially designated to exercise such jurisdiction
and to conduct such jury trials.
(2) In conducting jury trials, the bankruptcy court shall adhere to the provisions of the
Jury Act.
(3) The jury plan of the Court as set forth in these Local Rules shall govern jury
selection in the bankruptcy court.
(4) Upon request, the Court Clerk shall supply a sufficient number of jurors to the
bankruptcy court for its scheduled jury trials. Jurors may continue to be utilized
by the district court if not selected or when not serving in the bankruptcy court.
(5) The bankruptcy clerk shall cooperate with the Court Clerk in the implementation
of efficient and economical juror utilization techniques.
(6) In conducting jury trials, the bankruptcy court shall comply with these Local
Rules as applicable to civil jury trials. The bankruptcy court may waive such
rules for good cause in any civil jury case, upon due notice, in order to
accommodate expedited scheduling and trial consistent with due process.
Provenance
- Source
- www.oked.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-19
- Content hash
6568fafc30f68211a1ce1e1d41cb0d5797df9f583997d56b51f8cbbe952f9a11
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