Local Rule 5075. CLERK – DELEGATED FUNCTIONS

(a) United States Bankruptcy Court Clerk.

(1) The clerk of the bankruptcy court has the same rights and powers, may perform the same functions and duties, and is subject to the same provisions of 28 U.S.C. § 751 as a clerk of the district court. Under 28 U.S.C. § 956, the judges of this court further assign the following powers and duties to the clerk of the bankruptcy court:

(A) Assignment of cases and proceedings commenced under Title 11, United States Code, in accordance with the provisions of 28 U.S.C. § 157, including the reassignment of a case to another bankruptcy judge of the district, on the oral or written directive of the judge assigned to the case; and,

(B) Signing and entering all orders and process specifically allowed to be signed by the clerk under Title 28, United States Code, and the Federal Rules of Civil Procedure as modified by the Federal Rules of Bankruptcy Procedure. If the Federal Rules of Civil Procedure delegate a duty of the court to the clerk, a bankruptcy court clerk may perform the same type of duty specified in the Federal Rules of Bankruptcy Procedure.

(2) Specific duties assigned to the clerk. Unless the court orders otherwise, the clerk is authorized to sign and enter the following orders, which are deemed to be ministerial:

(A) Orders specifically appointing persons to serve process in accordance with Fed. R. Civ. P. 4;

(B) Orders on stipulation:

( i ) Noting satisfaction of a judgment;

(ii) Approving and annulling bonds filed or to be released by court order and exonerating sureties; and,

(iii) Setting aside a default;

(C) Orders and notices that establish meeting and hearing dates required or requested by a party in interest under Title 11, United States Code, including orders that fix the last dates for filing objections to discharge and confirmations of plans, complaints to determine the discharge-ability of debts and proofs of claim;

(D) Orders and notices regarding duties of debtors and debtors in possession;

(E) Orders discharging a debtor in a chapter 7 case if there is no pending motion to dismiss under 11 U.S.C. § 707(b), and if there has not been a timely filed objection to discharge of the debtor or a waiver by the debtor of the debtor's discharge;

(F) Orders discharging a debtor in a chapter 13 case as provided in 11 U.S.C. § 1328 if an objection to discharge of the debtor has not been filed or a waiver by the debtor of its discharge;

(G) Orders closing cases and discharging the trustee in all cases in which the trustee has filed a final account and certified that the case has been fully administered under Fed. R. Bankr. P. 5009, and orders entering final decrees in chapter 11 cases under Fed. R. Bankr. P. 3022;

(H) Orders under LR IA 10-2 of the Local Rules of Practice for the United States District Court for the District of Nevada, granting permission to an attorney to practice in a particular case, and orders under LR IA 10-4, when ordered by the court in the particular case or in all cases assigned to a particular judge;

(I) Orders on all motions and applications of the type specified in Fed. R. Civ. P. 77(c), except as provided for by LR 7055;

(J) Orders permitting installment payment of filing fees and fixing the number, amount, and date of payment of each installment filed under LR 1006. A request for an extension beyond one hundred twenty (120) days, or a request that is received after entry of the first order entered by the clerk must be in writing and will be considered only by a judge;

(K) Orders reopening bankruptcy cases for administrative purposes;

(L) Orders authorizing examinations to be taken under Fed. R. Bankr. P. 2004 if the date set for examinations is set on not less than fourteen (14) days' notice and the request for examination does not include a request for production of documents. Orders that do not meet these requirements and orders under Fed. R. Bankr. P. 2004(d), must be signed by a judge;

(M) Reaffirmation orders under 11 U.S.C. § 524(c), if:

(i) The debtor is represented by an attorney; or

(ii) The court has approved the reaffirmation agreement after notice and hearing. If the debtor is not represented by an attorney, the clerk will forward the order to a judge for determination and entry;

(N) Orders withdrawing exhibits under LR 5003;

(O) Judgments on verdicts or decisions of the court in circumstances authorized in Fed. R. Civ. P. 58 as incorporated by Fed. R. Bankr. P. 9021;

(P) Orders to assess, deduct and withdraw a fee from the court’s registry account under 28 U.S.C. §§ 2041 and 2042 and LR 7067(f);

(Q) Orders to remove a name from the email service list;

(R) Orders under Fed. R. Bankr. P. 4007(d);

(S) Orders to refund fees for filing a duplicate document or opening a duplicate case in error, if the filer has filed a motion requesting a refund of fees within two (2) business days of the filing. A motion requesting a refund of fees that is filed beyond two (2) business days will be considered only by a judge;

(T) Orders to redact information specified in Fed. R. Bankr. P. 9037(a). Orders to redact information outside the scope of Fed. R. Bankr. P. 9037(a) must be signed by a judge; and,

(U) Any other orders that under applicable rule or statute do not require special direction by the court.

(3) A judge may for good cause suspend or rescind any action taken by the clerk in connection with the powers and duties described in this rule.

(b) Authorization to issue notices or orders to show cause. The clerk and deputy clerks of the court are authorized to issue notices or orders to show cause for failure of a party to comply with the Bankruptcy Code, Federal Rules of Bankruptcy Procedure, these local rules, or any order of this court.