9033-1. PROCEDURE ON BANKRUPTCY'S COURT'S FINDINGS

9033-1. Procedure on Bankruptcy Court’s Proposed Findings of Fact and Conclusions of Law.

(a) Objections. Any objection to the proposed findings of fact and conclusions of law or proposed order or judgment made by a Bankruptcy Judge in a non-core proceeding pursuant to 28 U.S.C. §157(c)(1) shall be filed with the Clerk of the Bankruptcy Court and shall state:

(1) The issues raised by the objections;

(2) The specific portion of the proposed findings of fact and conclusions of law or proposed judgment or order to which objection is made; and

(3) Whether the objecting party requests that oral testimony be heard by the District Court, the reason for requesting oral testimony, and the issues on which oral testimony is requested. At the time the objection is filed, the objecting party shall file in the Bankruptcy Court a designation of the record for review, which shall include a transcript of the trial or hearing in the Bankruptcy Court.

(b) Response to Objections. Any response to the objection referred to in subparagraph (a) shall be filed with the Clerk of the Bankruptcy Court and shall state:

(1) Whether oral testimony should be heard by the District Court; and

(2) The issues on which oral testimony should be heard. At the time the response is filed, the responding party shall file any additional designations of the record for review.

(c) Procedure on Objection. If an objection is filed, the Clerk of the Bankruptcy Court shall, within 28 days after the time for filing a response has expired, transmit the proposed findings of fact and conclusions of law and proposed order or judgment, together with the objections, response, transcript and record, to the Clerk of the District Court, who shall assign the matter to a District Judge pursuant to the District Court’s Assignment Plan. The Clerk of the District Court shall promptly notify the parties of the name of the assigned District Judge and the District Court case number assigned to the matter. No hearing will be held unless the assigned District Judge orders otherwise,

(d) Procedure Absent Objection. If no objection is filed within the time specified, unless otherwise ordered by the Bankruptcy Court, the Clerk of the Bankruptcy Court shall transmit the proposed findings of fact and conclusions of law and proposed order or judgment to the Clerk of the District Court, with a certificate that no objection has been filed and a request that the proposed findings of fact, conclusions of law, and order or judgment be assigned to the General Duty Judge, who may take such action on the proposed findings of fact and conclusions of law and proposed order and judgment as the General Duty Judge deems appropriate, including disposition as a default matter without further notice or hearing.

(e) Incomplete or Defective Objections. If an objection is filed within the time specified which does not comply substantially with this rule, the Bankruptcy Judge who issued the proposed findings, conclusions, order or judgment may issue a recommendation that the matter be treated as if no objection had been filed as described in the preceding paragraph. The Clerk of the Bankruptcy Court shall transmit this recommendation to the Clerk of the District Court together with the proposed findings of fact and conclusions of law and proposed order or judgment, and a request that the matter be assigned to the General Duty Judge. The Clerk of the Bankruptcy Court shall serve a copy of the recommendation on all parties to the proceeding at the time of the transmittal. The General Duty Judge may either act on the recommendation and the proposed findings, conclusion and order or judgment after such further notice and proceedings as the General Duty Judge determines to be appropriate, or may direct the Clerk of the District Court to assign the matter to a District Judge pursuant to the District Court’s Assignment Plan for such further proceedings as the assigned District Judge determines to be appropriate.
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