The trial of an issue for which a jury trial has been demanded shall be placed on the jury calendar of the district court when it is ready for trial unless (1) the bankruptcy judge determines after hearing on notice that the issue is not triable of right by a jury or (2) a local rule of court provides otherwise. Issues not triable of right by a jury may be tried by the bankruptcy judge, and motions and applications in the proceeding other than those necessarily incidental to and made during the course of the jury trial may be determined by the bankruptcy judge. The failure of a party to serve and file a demand in accordance with this rule constitutes a waiver by him of trial by jury. Rules 47-51 of the Federal Rules of Civil Procedure apply to a jury trial under this sudivision.

(d) Applicability of rules in Part VII.-A proceeding commenced by a complaint filed under this rule is governed by the rules in Part VII.

PART V. COURTS OF BANKRUPTCY; OFFICERS AND PERSONNEL; THEIR DUTIES

Rule 501. Courts of bankruptcy and referees' offices.

(a) Courts of bankruptcy always open.-The court of bankruptcy shall be deemed always open for the purpose of filing any pleading or other proper paper, of issuing and returning mesne and final process, and of making and directing all interlocutory motions, orders, and rules.

(b) Meetings and hearings; orders in chambers.—All meetings of creditors and hearings shall be conducted in open court and so far as convenient in a regular court room. All other acts or proceedings may be done or conducted by a bankruptcy judge in chambers and at any place either within or without the district; but no hearing, other than one ex parte, shall be conducted outside the district without the consent of all parties affected thereby.

(c) Referee's office.-The referee's principal office with a clerical assistant in attendance shall be open during business hours on all days except Saturdays, Sundays, and the legal holidays as listed in Rule 6 (a) of the Federal Rules of Civil Procedure, but a local rule or order may provide that the referee's office shall be open for specified hours on Saturdays or particular legal holidays other than those listed in Rule 77 (c) of the Federal Rules of Civil Procedure.

Rule 502. Referees' bonds not required.

A referee shall not be required to file a bond in order to qualify.

Rule 503. Restrictions on referees.

A referee shall not engage in any transaction, directly or indirectly, with the estate and shall not act as trustee or receiver in any case under the Act. An active fulltime referee shall not engage in the practice of law, and an active part-time referee shall not act as attorney for any party in any case under the Act.

Rule 504. Books, records, and reports of referees.

(a) Records to be kept; reports to be made.-The referee shall keep a docket for each case referred to him and shall keep a list of claims filed against the estate in each case in which it appears there will be a distribution to unsecured creditors after payment of the costs and expenses of administration. He shall keep such other books and records and make such reports as may be prescribed by the Director of the Administrative Office of the United States Courts with the approval of the Judicial Conference of the United States. All papers filed with the referee, all process issued and returns made thereon, all appearances, orders, verdicts, and judgments shall be entered chronologically in the referee's docket. These entries shall be brief but shall show the nature

of each paper filed or writ issued and the substance of each order or judgment of the court and of the returns showing execution of process.

(b) Disposition of papers of closed cases.-When a case is closed, the referee shall transmit all papers pertaining thereto to the clerk of the district court.

Rule 505. Nepotism, influence, and interest.

(a) Appointment or employment of relative of or person connected with judge or referee.-No person may be appointed as trustee, receiver, marshal, or appraiser or employed as accountant or auctioneer in a bankruptcy case (1) if he is a relative of any judge or referee of the court making the appointment or authorizing the employment, or (2) if he is so connected with any judge or referee of the court making the appointment or authorizing the employment as to render such appointment or employment improper.

(b) Disqualification of judge or referee from acting in case: relationship to party or attorney; interest in case; appearance of influence.-Any judge or referee shall disqualify himself in any bankruptcy case (1) in which he is a relative of any party or his attorney, has a substantial, direct or indirect interest, has been of counsel, or is or has been a material witness, or (2) if his acting therein would justify the impression that any person can improperly influence him or unduly enjoy his favor, or that he is affected by the kinship, rank, position, or influence of any party or other person.

(c) Disqualification of judge or referee from authorizing employment of attorney.-Any judge or referee shal disqualify himself from authorizing the employment and from determining the compensation of (1) a relative as an attorney in a bankruptcy case, or (2) an attorney in a bankruptcy case if the judge or referee is so connected with the attorney as to render it improper for him to authorize such employment.

Rule 506. Delegation of ministerial functions.

The referee may delegate any ministerial function to an assistant employed in his office or, with the approval of the chief judge of the district court, to any person employed in the office of the clerk of the district court. Rule 507. Books and records kept by clerks.

(a) Bankruptcy docket.-The clerk of the district court shall keep a book known as the "bankruptcy docket" of such form and style as may be prescribed by the Director of the Administrative Office of the United States Courts with the approval of the Judicial Conference of the United States and shall enter therein each bankruptcy

case.

(b) Transmission of papers.-The clerk shall transmit to the referee all papers which pertain to every case referred to him, unless the judge otherwise directs.

(c) Index of cases; certificate of search.-The clerk shall keep an index of all cases under the Act filed in or transferred to the court and of all discharges granted by the court. On request, the clerk shall make a search of the index and papers in his custody and issue a certificate as to whether a case has been filed in or transferred to the court or a discharge entered in its records.

(d) Public access.-The docket and index kept by the clerk under this rule shall be open to examination by any person without charge.

(e) Other books and records of the clerk.-The clerk shall also keep such other books and records as may be required from time to time by the Director of the Administrative Office of the United States Courts with the approval of the Judicial Conference of the United States. Rule 508. Public access to records and papers in bankruptcy cases.

Subject to the provisions of Rule 918, all papers filed in a bankruptcy case, the referee's docket, and the list

of claims, if any, are public records and shall be open to examination by any person at reasonable times without charge.

Rule 509. Filing of papers.

(a) Place of filing.—A petition commencing a bankruptcy case shall be filed with the clerk of the district court. After reference, all papers, including a petition filed in a pending case and proofs of claim, shall be filed with the referee unless otherwise directed by local rule or by order of the judge.

(b) Notation of time of filing.-The clerk of the district court shall note on the petition the date and hour of its filing, and the clerk or the referee shall note the date of its filing on each paper thereafter filed with him.

(c) Error in filing.—A paper intended to be filed but erroneously delivered to the trustee or receiver, or the attorney for either of them, or to the district judge, referee, or clerk of the district court, shall, after the date of its receipt has been noted thereon, be transmitted forthwith to the proper person. In the interest of justice, the court may order that the paper shall be deemed filed as of the date of its original delivery.

Rule 510. Issuance and certification of copies of papers.

On request, the referee or the clerk of the district court shall issue a certified copy of the record of any proceeding in a bankruptcy case or of any paper filed with the court.

Rule 511. Recording and reporting of proceedings.

(a) Record of proceedings.—Whenever practicable, the court shall require a record to be made of all proceedings in bankruptcy cases. The record may be taken by sound recording or by a reporter employed on authorization of the court to take a verbatim record by shorthand or other The expense of making the record shall be a charge against the estate unless the court assesses the cost or a part thereof against a person who asserts a

means.