Local Rule Rule 5011-1: REFERENCE AND WITHDRAWAL OF THE REFERENCE

Rule 5011-1 REFERENCE AND WITHDRAWAL OF THE REFERENCE A. Reference. Unless otherwise provided by Order of the District Court, all bankruptcy cases under title 11 and any or all proceedings arising under title 11 or arising in or related to a case under title 11 are automatically referred to the Bankruptcy Judge appointed or designated to sit in the United States Virgin Islands by the Third Circuit Court of Appeals pursuant to 28 U.S.C. §§ 152(a)(4) or 155. If the Bankruptcy Judge determines that entry of a final order or judgment by him/her would not be consistent with Article III of the United States Constitution in a matter referred hereunder, the Bankruptcy Judge shall, unless otherwise ordered by the District Court, hear the matter and submit proposed findings of fact and conclusions of law for consideration (and if appropriate, entry) by the District Court. If the District Court determines that an order or judgment entered by the Bankruptcy Court was beyond its power as an Article I Court, the District Court may treat the order as proposed findings of fact and conclusions of law for consideration and, if appropriate, enter the Order itself as a final order of the District Court.

B. Withdrawal of the Reference. Withdrawal of the reference of a bankruptcy case (or contested matter or adversary proceeding in a bankruptcy case) shall be by Order of the District Court. All motions for withdrawal of the reference of a case or proceeding shall be filed with the Clerk and will be decided by the District Court.

C. Core/non-core Determination. At the time a motion for withdrawal of the reference is filed, the moving party shall file a motion for determination whether the matter is core or non-core and whether the Bankruptcy Court has jurisdiction to enter a final order. The Bankruptcy Court will hear and decide the matter and issue an opinion before the District Court will hear and decide the motion for withdrawal of the reference.

D. Designation of Record. 1. Within seven (7) days of entry of the Bankruptcy Court order deciding the core/non-core issue, the Moving party shall file a designation of pleadings (and the document numbers associated with each) related to the motion for withdrawal of the reference. 2. The Respondent(s) shall file a designation of additional items, if any (and the document numbers associated with each) within seven (7) days of the filing of the Moving party's designation of pleadings related to the motion for withdrawal of the reference.

E. Docketing of Motion to Withdraw Reference. The Clerk shall docket the motion for withdrawal of the reference (and copies of the designated documents) on the District Court docket after the designations have been filed or the time to file such documents has expired, whichever occurs first.

F. Caption. In all matters where the reference has been withdrawn, the parties shall continue to include in the caption the bankruptcy number and/or adversary proceeding number in addition to the civil action or miscellaneous number assigned by the District Court.