Local Rule DCt.LBR 5011–2: Place and Time for Filing Motion to Withdraw the Reference; Contents of Motion

DCt.LBR 5011–2 PLACE AND TIME FOR FILING MOTION TO WITHDRAW THE REFERENCE; CONTENTS OF MOTION

(a) FILING OF MOTION TO WITHDRAW THE REFERENCE. A motion for withdrawal in whole or in part of the reference of a case or proceeding referred to a bankruptcy judge must bear the caption of the Bankruptcy Court, and be filed with the Clerk of the Bankruptcy Court, accompanied by the required filing fee, and the movant's designation of the record. The bankruptcy judge may sua sponte file, and have the Clerk of the Bankruptcy Court transmit, a request to withdraw the reference.

(b) TIME FOR FILING OF MOTION TO WITHDRAW THE REFERENCE OF BANKRUPTCY CASE. A motion to withdraw the reference of the bankruptcy case or a part thereof (as opposed to a specific proceeding within the bankruptcy case) must be filed and served on or before 21 days after the first date scheduled for the meeting of creditors held pursuant to 11 U.S.C. § 341(a), or, if later, within 35 days of service of the paper giving rise to the basis for the motion to withdraw the reference.

(c) TIME FOR FILING OF MOTION TO WITHDRAW THE REFERENCE OF A PROCEEDING WITHIN THE BANKRUPTCY CASE. A motion to withdraw the reference of a proceeding within the bankruptcy case (including an adversary proceeding, or contested matter, or any other matter seeking entry of an order), or a part of the proceeding, must be served and filed within 35 days of service of the paper giving rise to the basis for the motion to withdraw the reference.

(d) CONTENTS OF MOTION. A motion for withdrawal of the reference must include the following: (1) a specification of the case or proceedings to be withdrawn; (2) the facts necessary to understand the grounds presented in support of the requested withdrawal of the reference; (3) the reasons why the withdrawal of the reference should be granted; (4) a copy of the docket sheet of the case or proceeding for which withdrawal of the reference is requested; (5) a separate list of any documents filed in the Bankruptcy Court that are relevant to the motion for withdrawal of the reference, including the date of filing, the document number, and the title of each such document; and (6) copies of the listed relevant documents (other than documents that were filed under seal), appended to the list in chronological sequence, with each document to bear the Electronic Case Filing header showing the document number and date of filing in the Bankruptcy Court. COMMENT TO DCt.LBR 5011–2: This Rule and Rule 5011–6 provide for relevant documents that were filed in the Bankruptcy Court to be appended to lists submitted with the motion and the opposition. That eliminates the cumbersome procedures that a designation of the record and transmittal of the record by the Clerk of the Bankruptcy Court would entail. DCt.LBR 5011–7 addresses making a transcript part of the record when that transcript is not yet available to be appended to the motion to withdraw the reference or to the opposition, as the case may be.