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Rule 9033-1

PROPOSED FINDINGS AND CONCLUSIONS IN CERTAIN CORE PROCEEDINGS – Amended December 1, 2016

            If the Court determines that it cannot enter a final order or judgment consistent with Article III of the United States Constitution in a particular proceeding referred to the Court and designated as core under section 157(b) of title 28, and the Court hears the proceeding, Rule 9033(a), (b), and (c) of the Federal Rules of Bankruptcy Procedure shall apply.

Comment

            This rule was amended in 2016 to provide greater clarity.  The final portion of the Local Rule previously read that if “the Court hears the proceeding, Rule 9033(a), (b), and (c) of the Federal Rules of Bankruptcy Procedure shall apply as if it is a non-core proceeding.”  The amendment deletes the final phrase “as it if is a non-core proceeding.”