The following principles generally govern the assignment of cases. At times, however, special circumstances may require the court, acting in the manner provided by 28 U.S.C. §158(a), to deviate from these principles and make or limit assignments based on other factors. These special circumstances include, but may not be limited to, a judge experiencing a staffing shortage, a judge presiding over unusually complex or otherwise administratively difficult matters, a judge or a member of the judge’s staff being on leave, a judge experiencing health or other personal circumstances requiring an adjustment of case assignments, a judge phasing down their case load in anticipation of the end of their term or retirement, a judge commencing their term, or a judge presiding over cases or other matters by designation in another district. Additionally, when judicial efficiency or other administrative concerns warrant, the chief judge with the consent of other affected judges and the clerk of court may make assignments that deviate from these principles to best achieve the just, speedy, and inexpensive determination of individual cases or proceedings.
Automated, random assignment
The Bankruptcy Court for the Eastern District of Wisconsin uses CM/ECF programming to randomize judicial case assignments in chapter 7, 12, and 13 cases. The programming ensures that each judge maintains an equal allocation of open chapter 7 and 13 cases.
Routine exceptions to automated, random assignment
Pro se debtors. Cases in which debtors appeared before a judge without the assistance of counsel will be automatically assigned to that judge in future cases or filings.
Related cases and adversary proceedings. In the interest of judicial efficiency, cases and proceedings involving affiliated debtors or closely related legal or factual issues may be reassigned to a single judge.
Conflicts. Cases in which the assigned judge has a financial or other conflict of interest with the debtor, a creditor, or other party in a case or proceeding will be manually reassigned to a different judge.
Geographical considerations. A single judge may be assigned all chapter 7 and 13 cases filed in the following counties, which are farthest removed from the federal courthouse in Milwaukee and may require hearings at the federal courthouse in Green Bay: Brown, Calumet, Door, Florence, Forest, Kewaunee, Langlade, Manitowoc, Marinette, Menominee, Oconto, and Shawano.
Manual assignment
Chapter 9. Chapter 9 cases will be assigned by the Chief Judge of the Seventh Circuit, as provided in 11 U.S.C. §921(b).
Chapter 11. Chapter 11 cases are assigned manually by the clerk of court to all judges, generally in a sequential manner.
Chapter 15. Chapter 15 cases are assigned manually, typically to the chief bankruptcy judge.
Miscellaneous Proceedings. Miscellaneous proceedings are assigned manually, typically to the chief bankruptcy judge.