(a) Assignment of Cases and Proceedings. All cases filed by residents of Albany, Clinton, Essex, Franklin, Fulton, Jefferson, Montgomery, Rensselaer, Saratoga, Schenectady, Schoharie, St. Lawrence, Warren and Washington counties will be assigned to the judge sitting in Albany; cases filed by residents of Broome, Cayuga, Chenango, Cortland, Delaware, Hamilton, Herkimer, Lewis, Madison, Oneida, Onondaga, Oswego, Otsego, Tioga and Tompkins counties will be assigned to the judge sitting in Utica; and, cases filed by residents of Columbia, Greene and Ulster counties will be treated as Northern District cases and assigned to the judge sitting in Albany when filed in the Northern District of New York.
Except as otherwise provided in the Code and Federal Rules of Bankruptcy Procedure, the assignment of a case to a judge includes the assignment of all proceedings arising under Title 11 or arising in or related to a case under Title 11.
(b) Intradistrict Transfer. Irrespective of the case assignment, any judge may transfer to another judge within the district any case, contested matter or adversary proceeding. If a case is transferred from the judge sitting in Poughkeepsie to either Albany or Utica, these Local Bankruptcy Rules shall govern.
(c)
Objections to Assignment. Objections to assignment of cases, adversary
proceedings or contested matters shall be filed with the judge assigned
to the case. However, objections based solely on an alleged incorrect assignment
made by the clerk's office shall be filed with the chief judge of the court.
Comment
Cases filed by residents of Columbia, Greene and Ulster counties are treated as Southern District cases when filed in the Southern District of New York. They are assigned to the judge sitting in Poughkeepsie and governed by the Local Bankruptcy Rules for the Southern District of New York, as provided by Local Bankruptcy Rule 1001-1(b).
Erroneous or misinterpreted information may result in the incorrect assignment of a case. The clerk may advise the court if it appears that the case has been improperly assigned. Appropriate adjustment can be made pursuant to subsection (b) of this rule. The intentional furnishing of incorrect information may subject the person who provided such information to disciplinary rules or sanctions.
Reference is made to the attached appendix listing the counties comprising the Northern District of New York, which provides limited guidance with respect to where the court will hold hearings.
Transfer of cases
between districts is governed by Local Bankruptcy Rule 1014-1.