(Added Mar. 30, 1987, eff. Aug. 1, 1987; amended Mar. 26, 2009, eff. Dec. 1, 2009.)
Notes of Advisory Committee on Rules—1987
requires a bankruptcy judge to submit proposed findings of fact and conclusions of law to the district court when the bankruptcy judge has heard a non-core proceeding. This rule, which is modeled on Rule
72 F.R.Civ.P., provides the procedure for objecting to, and for review by, the district court of specific findings and conclusions.
Subdivision (a) requires the clerk to serve a copy of the proposed findings and conclusions on the parties. The bankruptcy clerk, or the district court clerk if there is no bankruptcy clerk in the district, shall serve a copy of the proposed findings and conclusions on all parties.
Subdivision (b) is derived from Rule
(b) F.R.Civ.P. which governs objections to a recommended disposition by a magistrate.
Subdivision (c) is similar to Rule 8002(c) of the Bankruptcy Rules and provides for granting of extensions of time to file objections to proposed findings and conclusions.
Subdivision (d) adopts the de novo review provisions of Rule
Committee Notes on Rules—2009 Amendment
The rule is amended to implement changes in connection with the amendment to Rule
and the manner by which time is computed under the rules. The deadlines in the rule are amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner:
5-day periods become 7-day periods
10-day periods become 14-day periods
15-day periods become 14-day periods
20-day periods become 21-day periods
25-day periods become 28-day periods