D.R.I. LR Gen 109

(a) References and Withdrawals of References of Bankruptcy Cases. All cases arising

under Title 11 shall be referred automatically to the bankruptcy judge(s) of this District.

The reference of any case or proceeding or any portion thereof may be withdrawn at any

time by the District Court, sua sponte, or, for good cause shown, upon the motion of any

party. A motion for withdrawal of a reference shall not automatically stay any

proceeding, but the District Court in its discretion may order a stay.

If a bankruptcy judge or district judge determines that entry of a final order or judgment

by a bankruptcy judge would not be consistent with Article III of the United States

Constitution in a particular proceeding referred under this rule and determined to be a

core matter, the bankruptcy judge shall, unless otherwise ordered by the District Court,

hear the proceeding and submit proposed findings of fact and conclusions of law to the

District Court.

The district judge shall make a de novo review upon the record or, after additional

evidence, 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 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.

(b) Jury Trials in Bankruptcy Court. Pursuant to 28 U.S.C. § 157(e), a bankruptcy judge

may conduct jury trials in bankruptcy proceedings where the right to a jury trial applies

and all parties have consented.

(c) Reports and Recommendations by Bankruptcy Judge.

(1) Time for Objections. Any objection to proposed findings of fact and/or rulings

of law by a bankruptcy judge in a proceeding shall be filed and served within 14

days after such proposed findings and rulings are served on the objecting party.

(2) Content of Objections. Any objection to the proposed findings of fact and/or

rulings of law shall specify the proposed findings and/or rulings to which

objection is made and the basis for the objection(s), and be accompanied by a

transcript of any evidentiary hearing(s) before the bankruptcy judge. The

objection shall comply with LR Cv 7.

(3) Responses and Replies. A response to an objection shall be served and filed

within 14 days after the objection is served. The objecting party may serve and

file a reply to the response within 7 days thereafter. Any response and /or reply

shall comply with LR Cv 7. Unless otherwise permitted or required by the Court,

nothing further shall be filed in support of or in opposition to an objection to a

bankruptcy judge’s proposed findings of fact and rulings of law.

(d) Appeals to Bankruptcy Appellate Panel. In accordance with 28 U.S.C. §158(b)(6),

appeals from any judgment, order or decree of a bankruptcy judge which are referred to

in 28 U.S.C. § 158(a) will be heard and determined by the U.S. Bankruptcy Appellate

Panel for the First Circuit unless a party elects to have the appeal heard by the District

Court in accordance with Bankruptcy Rule 8005.

(e) Appeals to District Court. Except as otherwise provided in this subsection (e) or

elsewhere in these rules, or unless otherwise ordered by the District Court, appeals or

motions for leave to appeal to the District Court from any judgment, order or decree of a

bankruptcy judge shall be governed by the applicable provisions of Rules 8001-8028 of

the Federal Rules of Bankruptcy Procedure (“Bankruptcy Rules”).

(1) Notice of Appeal. Upon the filing of a notice of appeal to the District Court, the

bankruptcy clerk shall promptly transmit the following to the District Court in

accordance with Bankruptcy Rule 8003:

(A) Notice of appeal;

(B) Judgment, order, or decree that is the subject of the appeal;

(C) Bankruptcy Court docket sheet; and

(D) Appellate transmittal form.

(2) Notice of Appeal and Motion for Leave to Appeal. Upon the filing of a notice

of appeal and a motion for leave to appeal to the District Court in accordance with

Bankruptcy Rule 8004, the bankruptcy clerk shall promptly transmit the following

to the District Court:

(A) Notice of appeal;

(B) Order or decree that is the subject of the appeal;

(C) Bankruptcy Court docket sheet;

(D) Appellate transmittal form; and

(E) Motion for leave to appeal.

(3) Extensions of Time by a Bankruptcy Judge. Extensions of time for filing

notices of appeal may be granted by the bankruptcy judge in accordance with

Bankruptcy Rule 8002(d). Extensions of time for filing motions for leave to

appeal and designations of the record or issues on appeal may be granted by the

bankruptcy judge for a period not to exceed 30 days.

(4) Dismissal of Appeals by Bankruptcy Judge. A bankruptcy judge may dismiss

an appeal if the notice of appeal is not filed within the time specified in

Bankruptcy Rule 8002.

(5) Record on Appeal. Upon the completion of the record on appeal, the bankruptcy

clerk shall transmit the following to the District Court in accordance with

Bankruptcy Rule 8010:

(A) Designation(s) of the contents of the record on appeal;

(B) Statement(s) of the issues on appeal;

(C) Opinion, findings of fact, and conclusions of law relating to the issues on

appeal;

(D) Transcripts;

(E) Bankruptcy Court docket sheet; and

(F) Clerk’s certification for transmittal of record on appeal.

(6) Form of and Schedule for Filing Briefs. Upon confirmation by the bankruptcy

clerk that the record on appeal is complete in accordance with Bankruptcy Rule

8010, the District Court will set the briefing schedule, the form of which shall be

governed by Bankruptcy Rules 8014 and 8015.

(7) Appendices to Briefs. Unless otherwise ordered by the District Court,

appendices to briefs need not be filed with the Court.

(f) Stays Pending Appeal to the District Court. When a motion is made in the District

Court in accordance with Bankruptcy Rule 8007(b) to stay a judgment, order or decree of

a bankruptcy judge or for any other relief pending appeal, the movant shall set forth the

reasons why a stay should be granted and the legal authorities supporting the stay, and

file the following with its motion:

(1) a copy of the judgment, order or decree that the movant seeks to have stayed;

(2) a copy of the bankruptcy judge’s order denying the movant’s motion to stay; and

(3) any written decision(s) and/or transcript(s) of any oral decision(s) of the

bankruptcy judge stating the reasons for the orders referred to in paragraphs (1)

and (2) of this subsection.

Such motion and any related objection(s) and replies shall be governed by the applicable

provisions of LR Cv 7.

(g) Local Bankruptcy Rules.

(1) Authority. The bankruptcy judge(s) may make and amend rules governing

practice and procedure in all matters referred to and pending before them.

(2) Notice to District Court. The bankruptcy court must give notice to the District

Court of any amendment to the bankruptcy court’s local rules prior to such rules

taking effect. After notice is given, such amendment shall take effect on the date

specified by the bankruptcy court, unless abrogated by the District Court.

(h) Applicability of Local Rules. In proceedings before a bankruptcy judge, the local

bankruptcy rules shall apply. In proceedings before the District Court, these Local Rules

shall apply unless the Court otherwise directs.

(i) Discretion of District Court. This rule is not intended to restrict the District Court's

discretion as to any aspect of any appeal.

Effective 12/1/17: §§(c)(2) and (f) amended. Effective 12/1/15: §(b) deleted; §(c) redesignated as (b); §(d)(3)

amended and §(d) redesignated as (c); §(e) redesignated as (d); §§(f)(1) and (2) amended, (f)(3) deleted, (f)(4) and

(5) renumbered as (f)(3) and (4), new §(f)(5) added, §(f)(6) amended, and §(f)(7) added, and §(f) redesignated as (e);

§§(g), (h), (i), and (j) redesignated as (f), (g), (h), and (i). Effective 12/15/14: §(e) amended; §§(f)(1)-(5) amended;

§(f)(6) deleted; §(f)(7) amended and redesignated as (f)(6); and §(g) amended. Effective 12/2/13: §§(a), (d)(1), and

(f) amended. Effective 1/15/13: §(f)(5)(D) added. Effective 12/1/11: §§(f)(1), (f)(2), (f)(3), and (f)(5)(B) amended.

The numerical references in this rule were altered as part of the restyling of numerical references throughout the

Local Rules. Effective 1/3/11: §(f)(6)(C) amended. Effective 12/1/09: §§(d)(1) and (3) amended. Effective 1/5/09:

§(f)(6) amended. Effective 3/17/08: §(f)(7) amended.