Skip to main content

Rule 5011-1 Withdrawal of Reference to the Bankruptcy Court

(a) Filing. A motion to withdraw the reference to the Bankruptcy Court must be filed with the Clerk of Court.

(b) Service and Notice.

(1) A party filing a motion to withdraw the reference of the case in its entirety must: [A] transmit the motion to the United States trustee; [B] serve it on— (i) the trustee; (ii) debtor; (iii) any committee appointed under the Code; and (iv) any party having filed a request for special notice; and [C] file and serve notice of the motion on all parties in interest.

(2) A party filing a motion to withdraw the reference as to a proceeding, but not the entire case, must: [A] transmit the motion to the United States trustee; and [B] serve it on— (i) the trustee; (ii) debtor; and (iii) any other party to the proceeding.

(c) Objection to Withdrawal of Reference.

(1) Any objection to withdrawal of the reference must be in writing and filed not later than twenty-one (21) days after the date the motion is served or notice is mailed, whichever is later.

(2) The objecting party must: [A] transmit the objection to the United States trustee; and [B] serve it on the moving party and those entities upon whom the motion was served.