Local Rule 5011-1: WITHDRAWAL OF REFERENCE

LOCAL RULE 5011-1: WITHDRAWAL OF REFERENCE a. Form of Request; Place of Filing. A request for withdrawal, in whole or in part, of the reference of a case or proceeding referred to the Bankruptcy Court, other than a sua sponte request by a bankruptcy judge, shall be by motion filed with this Court.

b. Designation of Record. The moving party shall serve on the debtor, attorney for the debtor, any trustee appointed in the case, and any other interested party and file with this Court, together with the motion to withdraw the reference, a designation of those portions of the record of the case or proceeding that the moving party believes will be reasonably necessary or pertinent to the United States District Court's consideration of the motion. Within fourteen (14) days after service of the designation of record, any other party may serve and file a designation of additional portions of the record. If the record designated by any party includes a transcript of any hearing or trial, or a part thereof, that party shall immediately after filing the designation request the transcript and make satisfactory arrangements for payment of its cost. All parties shall take any action necessary to enable the Clerk's Office to assemble and transmit the record to the United States District Court.

c. Responses to Motions to Withdraw the Reference; Reply. Opposing parties must file with the Court and serve on all parties set forth in subsection (b), their written responses to the motion to withdraw the reference within fourteen (14) days after being served with a copy of the motion.

d. Transmittal to and Proceedings in the United States District Court. When the record is complete for purposes of transmittal, but without awaiting the filing of any transcripts, the Clerk's Office shall promptly transmit to the United States District Court the motion, any filed objections or responses, and the portions of the record designated. Following transmittal, documents pertaining to the matter under review by the United States District Court shall be filed with the United States District Court, but all documents relating to other matters in the bankruptcy case, adversary proceeding, or contested matter shall continue to be filed with this Court.

e. Service. Service of a motion for a stay pursuant to Fed. R. Bankr. P. 5011(d) shall be served upon the same parties as set forth in subsection (b). The motion shall be accompanied by a notice that the responding party has fourteen (14) days from the date of service of the motion in which to object or respond to the motion.

Notes:

(2023) Portions of paragraphs (a) and (e) were superfluous and removed as duplicative of or in conflict Fed. R. Bankr. P. 5011.

(2024) Paragraph (e) was amended to reference the correct subsection of Fed. R. Bankr. P. 5011 following amendments to that rule.