Local Rule LR 5011-1: Motions for Withdrawal of the Reference

LR 5011-1 Motions for Withdrawal of the Reference

(a) Filed in bankruptcy court and fee paid to clerk of the bankruptcy court. A motion under Fed. R. Bankr. P. 5011(a) to withdraw the reference of a case or proceeding under 28 U.S.C. § 157(d) must be filed in the bankruptcy court and the filing fee paid to the Bankruptcy Clerk. The motion must be supported by a memorandum of law specifying all grounds on which the motion is based and may be supported by one or more Declarations evidencing factual allegations on which the motion relies.

(b) Briefing of motion to withdraw reference. Unless otherwise ordered,

(1) No later than 21 days after service of the motion, any party opposing the motion to withdraw the reference must file and serve a combined objection and supporting memorandum that specifies all grounds on which the objection is based; the objection may also be supported by one or more Declarations evidencing factual allegations on which the objection relies;

(2) No later than 14 days after service of the motion, any party supporting the motion to withdraw the reference may file notice that they join in the motion and may file a supplemental memorandum and declarations in support of the motion; and

(3) No later than 7 days after the service of any objection, the moving party and any party that has timely joined in the motion may file a reply in support of the motion.

(c) Report and recommendation. After the filings required by this Local Rule are completed, the court may enter a report and recommendation on whether the district court should grant the motion.

(d) Transmittal to district court. Unless the court orders otherwise, the Bankruptcy Clerk will transmit the motion and related filings, including any report and recommendation, to the United States District Court for the Eastern District of Wisconsin 42 days after the date on which the motion was filed.