Opinion
ADMINISTRATIVE ORDER NUMBER 03-10 (YOUNGSTOWN)
December 29, 2003
In the interests of judicial economy and the prompt governance and disposition of uncontested matters, the Clerk of the Bankruptcy Court may, through the use of regularly appointed deputies, prepare, sign and enter orders as specified below without submission to a judge, unless otherwise directed by a judge of the United States Bankruptcy Court for the Northern District of Ohio sitting at Youngstown, Ohio. Administrative Order No. 88-16 is hereby amended to include the following delegation of authority to the Clerk to sign orders:
1. Orders granting leave to pay filing fees in installments.
2. Orders extending the time to file schedules, statements of business affairs or statements of intentions of individual debtors; provided, however, that such filings must be made by the close of business on the fourth working day prior to the date on which the meeting of creditors is first scheduled, unless otherwise ordered by the Court.
3. Orders to consolidate joint cases pursuant to 11 U.S.C. § 302.
4. Payroll deduction orders entered in pending Chapter 13 cases.
5. Orders directing interim payments to Chapter 13 Trustee, pending entry of order of confirmation.
6. Orders confirming Chapter 13 plans.
7. Agreed orders increasing or decreasing dividends or extending plans in Chapter 13 cases.
8. Orders to incur debt, suspend payments or reinstate cases, with appropriate notice to affected parties and upon approval of Chapter 13 Trustee.
9. Orders to appear and show cause why a case should not be dismissed for debtor's failure to appear at a meeting of creditors
10. Orders to dismiss Chapter 13 cases upon the request of debtor
11. Orders releasing employer and debtor from making further payments in cases under Chapter 13.
12. Orders granting discharge in cases under Chapter 7 and 13.
13. Orders pursuant to Bankruptcy Rule 3022 relative to entry of final decree.
14. Orders directing compliance with Bankruptcy Rules 7008 and 7012, relative to core/non-core allegations, pursuant to General Order No. 88-2.
15. Orders relating to pretrial conduct, including the Court's standard Case Management Initial Orders and Trial Orders.
16. Orders granting judgment by default on motions for relief from stay and/or abandonment in Chapter 7 and Chapter 13 cases which conform to the standard forms adopted by this district from time to time; a default order may be entered on 30th day after the filing of the motion for relief from stay.
17. Such other Orders as a judge of the Court may from time to time authorize to be entered consistent herewith.
The Clerk's action authorized by this order shall be accomplished by the affixing to such orders of the following language:
ENTERED PURSUANT TO ADMINISTRATIVE ORDER NO. 03-10: KENNETH J. HIRZ, CLERK OF COURT
BY: ______________________________________ Deputy Clerk
Any party adversely affected by an order so entered shall be entitled to reconsideration thereof by a judge of the Court, if, within ten (10) days of service of notice of the entry of such order, such party files a written motion for reconsideration, which motion shall state the grounds, in accordance with Local Civil Rule 7.1 of the United States District Court, made applicable in cases before this Court by Local Civil Rule 1.1, and with Local Bankruptcy Rule 9013-1. Such motions for reconsideration will ordinarily be considered by the Court upon the papers submitted.
Any party adversely affected by an order shall retain all rights of any nature relating to the impropriety of the order or the underlying motion, for example, the legal insufficiency of service.
IT IS SO ORDERED.