Local Rule RULE 5011-1: Withdrawal of Reference.

RULE 5011-1. Withdrawal of Reference.

(a) Motion to Withdraw Reference. A motion to withdraw a case or proceeding under 28 U.S.C. § 157(d), and any response, shall be filed with the Clerk of the Bankruptcy Court. A motion to withdraw the reference shall be filed and served promptly after service of any pleading or document in which the basis for the motion first arises. Response documents shall be filed and served no later than 14 days after service of the motion for withdrawal. If a response is filed, a reply, if any, shall be filed no later than seven days after service of the response to the motion.

(b) Transmittal of Documents to District Court. Except as otherwise ordered by the Bankruptcy Court, 28 days after the filing of the motion to withdraw the reference, or after a response and reply have been filed, whichever is earlier, the Clerk of the Bankruptcy Court shall transmit to the District Court the motion, any response, reply, memoranda in support and associated exhibits that have been filed with the Bankruptcy Court. Following transmission to the District Court, any future filings associated with the motion to withdraw the reference shall be filed with the Clerk of the District Court. Documents relating to other matters in the bankruptcy case or adversary proceeding shall be filed with the Clerk of the Bankruptcy Court unless otherwise ordered by the Bankruptcy or District Court.

(c) Proceedings in District Court. A motion to withdraw the reference shall be assigned to a District Court Judge. Unless otherwise ordered by the District Court, a motion to withdraw the reference will be decided by the Court without a hearing. A party desiring oral argument should indicate in its motion or responsive pleading. The District Court may in its discretion grant or deny the motion, in whole or in part, and make such orders as it deems appropriate for the orderly disposition of the case or proceeding. Upon entry of a dispositive order by the District Court, the Clerk of the District Court shall forward a copy of the order to the parties and transmit a copy to the Bankruptcy Court for filing in the bankruptcy case.

Related Authority: 28 U.S.C. § 157(d)