(c) Claims register. Unless otherwise ordered by the court, when it appears that there will be a distribution to creditors, the debtor in possession or the trustee shall prepare or make arrangements for the preparation of the claims register required by Fed. R. Bank P. 5003(b). The clerk shall verify that the Proofs of Claims filed in a case file have been correctly docketed after completion of the claims register by a trustee. LR 5004. DISQUALIFICATION: DISCLOSURE OF INTERESTED PARTIES/AFFILIATES. (a) Unless otherwise ordered, in all cases except habeas corpus cases, counsel for private (non-governmental) parties shall upon entering the case file a certificate listing all persons, associations of persons, firms, partnerships or corporations known to have an interest in the outcome of the case including the names of all parent, subsidiary, affiliate an/or insider of the named non-individual parties, as follows: “Number and Caption of Case Certificate Required by LR 5004 The undersigned, counsel of record for ________________________, certifies that the following have an interest in the outcome of this case: (here list the names of all such parties including the names of all parent, subsidiary, affiliate, and/or insider of the named non-individual parties, and identify their interests). These representations are made to enable judges of the court to evaluate possible recusal. Attorney of Record for _________________________.” (b) If there are no known interested parties other than those participating in the case, a statement to that effect will satisfy this rule. (c) There is a continuing obligation to supplement in accordance with the provisions of this rule. LR 5005. FILING PAPERS - REQUIREMENTS. Cases shall be filed with the clerk of the United States Bankruptcy Court for the District of Nevada at Las Vegas or Reno in accordance with LR 1071. Once filed, cases shall be administered, papers and pleadings docketed, and files retained in the place the case was filed unless the court orders otherwise. LR 5007. RECORD OF PROCEEDINGS AND TRANSCRIPTS. Any party ordering transcripts of proceedings will give five (5) days advance notice to the Clerk of the need for daily transcripts. LR 5010. REOPENING CASES. (a) Disclosure of payment or non-payment of fees. The debtor or other movant filing a motion or requesting to reopen a bankruptcy case, shall disclose the payment or non-payment of any fee owing in the originally filed bankruptcy case, including any filing fee and/or administrative fee prescribed by 28 U.S.C. § 1930(a) and by the Judicial Conference of the United States. (b) Payment of fees. Unless otherwise ordered by the court, the debtor or other movant shall pay any and all filing and administrative fees due to the clerk, including any fees remaining unpaid for the original bankruptcy case as required by 28 U.S.C. §1930(a) and by the Judicial Conference of the United States. Payment of such fees are due immediately upon the filing of the motion or request to reopen a bankruptcy case. LR 5011. WITHDRAWAL OF REFERENCE. (a) Form of request; place for filing. A request for withdrawal in whole or in part of the reference of a case or proceeding referred to the bankruptcy judge, other than a sua sponte request by the bankruptcy judge or the automatic withdrawal as provided in a jury case by LR 9015(e), shall be by motion filed timely with the clerk of the bankruptcy court. All such motions shall clearly and conspicuously state that “RELIEF IS SOUGHT FROM A UNITED STATES DISTRICT JUDGE.” (b) Time for filing. Except as provided in these rules regarding adversary proceedings and contested matters, a motion to withdraw reference of a bankruptcy case in whole or in part shall be served and filed at or before the time first scheduled for the meeting of creditors held pursuant to 11 U.S.C. § 341(a). Except as provided in these rules as to contested matters, a motion to withdraw reference of an adversary proceeding, in whole or in part, shall be served and filed on or before the date on which an answer, reply or motion under Fed. R. Bank. P. 7012 or 7015 is first due. A stipulation to extend the time to answer or otherwise respond to the complaint does not extend the time for filing the motion for withdrawal. A motion to withdraw the reference of a contested matter within a case shall be served and filed not later than eleven (11) days after service of the motion, application or objection which initiates the contested matter. Notwithstanding the foregoing, a motion to withdraw the reference may be served and filed no later than eleven (11) days after service of any timely filed pleading in which the basis for the motion first arises. (c) Stay. The filing of a motion to withdraw the reference does not stay any proceeding in United States Bankruptcy Court, and Fed. R. Bank. P. 8005 governs. (d) Designation of record. (1) The moving party shall serve and file, together with the motion to withdraw reference, a designation of those portions of the record of the proceedings in bankruptcy court that the moving party believes will reasonably be necessary or pertinent to the district court’s consideration of the motion. Within eleven (11) days after service of such designation of record, any other party may serve and file a designation of additional portions of the record. (2) The original pleadings shall remain in the custody of the bankruptcy court, unless an order from a bankruptcy judge or a district court judge directs the original, official case/adversary file documents to be forwarded to the district court. (3) Unless otherwise required by the bankruptcy court or the district court, a reproduction of pleadings from the court’s official case/adversary file, as designated, shall be transmitted to the district court. (4) The clerk of the bankruptcy court shall request copies to be provided from the party or parties designating the record pursuant to LR 5011(d)(1) and (d)(5). The copies shall be tendered to the clerk in chronological order within ten (10) days from the date of the request by the clerk. If any party fails to provide the clerk with copies of designated items within ten (10) days from the date of the request by the clerk, the clerk may make copies at the expense of the designating party. All parties shall take any other action necessary to enable the clerk to assemble and transmit the record. (5) If the record designated by any party includes a transcript of any proceeding or a part thereof, that party shall immediately after filing the designation, deliver to the court recorder and file with the clerk of the bankruptcy court a written request for the transcript and make satisfactory arrangements for payment of its cost. The parties shall submit only that part(s) of a transcript of proceedings relevant to the issues raised on the motion for withdrawal of reference. (6) If the issues involve only questions of law, the parties may submit an agreed statement of facts or such part(s) of the record as are relevant to such questions of law, unless the district judge considering the motion directs otherwise. (e) Responses to motion to withdraw the reference; reply. Opposing parties shall file with the clerk of the bankruptcy court, and serve on all parties to the withdrawal of reference matter, their written opposition to the motion to withdraw the reference within eleven (11) days after service of the motion. The moving party may serve and file a reply within eleven (11) days after service of a response. The parties to any motion to withdraw reference may consent to the bankruptcy judge hearing the motion in the first instance and making proposed findings of fact, conclusions of law, and recommendations for disposition of the motion by the district court. Consent must be in writing and filed with the clerk of the bankruptcy court no later than the last day for filing any opposition to the motion to withdraw reference. (f) Transmittal to and proceedings in United States District Court. When the record is complete for purposes of transmittal, but without awaiting the filing of any transcripts, the clerk of the bankruptcy court shall promptly transmit to the clerk of the district court the motion papers and the portions of the record designated. After the opening of a docket in district court, documents pertaining to the matter under review by the district court shall be filed with the clerk of the district court, but all documents relating to other matters in the bankruptcy case, adversary proceeding or contested matter shall continue to be filed with the clerk of the bankruptcy court. Any motion and any sua sponte request by the bankruptcy judge to withdraw the reference shall be referred to the Chief District Judge or the Chief District Judge’s designee in the district court for decision, but if the matter is withdrawn it shall be assigned to a district judge in accordance with the court’s usual system for assigning civil cases, unless the Chief District Judge determines that exceptional circumstances warrant special assignment to a district judge. Upon request of the district court, the bankruptcy judge shall determine, pursuant to 28 U.S.C. § 157(b)(3), whether or not any proceeding, as to which withdrawal of the reference is sought in whole or in part, is a core proceeding and may make findings and recommendations. The district court may, in its discretion, grant or deny the motion to withdraw reference, in whole or in part. After withdrawal, the district court may retain the entire matter withdrawn, or may refer part or all of it back to the bankruptcy judge with or without instructions for further proceedings. LR 5075. CLERK - DELEGATED FUNCTIONS. (a) United States Bankruptcy Court Clerk. (1) Powers and duties delegated to the clerk. The clerk of the bankruptcy court shall have the same rights and powers, shall perform the same functions and duties and shall be subject to the same provisions of 28 U.S.C. § 751 as a clerk of the district court. Pursuant to the provisions of 28 U.S.C. § 956, the judges of this court further assign the following powers and duties to the clerk of the bankruptcy court: (A) Assignment of cases and proceedings commenced under Title 11, United States Code, in accordance with the provisions of 28 U.S.C. § 157; including the re-assignment of a case to another bankruptcy judge of the district, upon the oral or written directive of the judge assigned to the case; and (B) Signing and entering all orders and process specifically allowed to be signed by the clerk under Title 28, United States Code, and the Federal Rules of Civil Procedure as modified by the Federal Rules of Bankruptcy Procedure. If the Federal Rules of Bankruptcy Procedure direct the performance of a duty by the court of the same type delegated to a clerk in the Federal Rules of Civil Procedure, the clerk of the bankruptcy court shall hereafter perform such duties. (2) Specific duties assigned to the clerk. Unless otherwise ordered by the court, the clerk is authorized to sign and enter without further direction the following orders which are deemed to be of a ministerial nature: (A) Orders specifically appointing persons to serve process in accordance with Fed. R. Civ. P. 4; (B) Orders on consent: (i) Noting satisfaction of a judgment, (ii) Approving and annulling bonds filed or to be released pursuant to court order and exonerating sureties, or (iii) Setting aside a default; (C) Orders and notices that establish meeting and hearing dates required or requested by a party in interest under Title 11, United States Code, including orders which fix the last dates for the filing of objections to discharge and confirmations of plans, complaints to determine the dischargeability of debts and proofs of claim; (D) Orders and notices regarding duties of debtors and debtors in possession;

Vegas Law