RULE 432. TRANSMITTAL TO THE DISTRICT COURT OF PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW IN NON-CORE PROCEEDINGS

The clerk shall forthwith transmit to the District Court the proposed findings of fact and conclusions of law filed pursuant to Fed.R.Bankr.P. 9033, upon the expiration of time for filing objections and any response thereto. After transmission of proposed findings and conclusions to the District Court, no filings, except motions pursuant to Fed.R.Bankr.P. 9033(c), may be made in the Bankruptcy Court with respect to the non-core proceeding until after dispositive ruling by the District Court.

Committee Note: Fed.R.Bankr.P. 9033 provides the procedure for objecting to and for review by the district court of findings and conclusions recommended by the bankruptcy judge in non-core proceedings. However, that rule does not specify how or when the proposed findings and conclusions are to be transmitted to the district court. This rule will clearly specify the procedure.

Advisory Committee Notes for the Fed.R.Bankr.P. 9033 state that it is modeled on Fed.R.Civ.P. 72 . Rule 72 sets forth similar procedures for magistrate judges when hearing dispositive motions and prisoner petitions. Currently there is no comparable local rule.

This rule is not intended to resolve the question as to whether the bankruptcy judge or district judge should determine post-trial motions for reconsideration or to vacate the proposed findings and conclusions, this being an unresolved legal issue.