Local Rule LOCAL RULE 5011-1: WITHDRAWAL OF REFERENCE

LOCAL RULE 5011-1 WITHDRAWAL OF REFERENCE

(a) Form of Request; Place for Filing.

A request to withdraw, in whole or in part, the reference of a case or proceeding referred to the court, other than a sua sponte request by the court, must be made by motion, filed with the clerk of the bankruptcy court. All such motions must be accompanied by the proper filing fee and must clearly and conspicuously state that "RELIEF IS SOUGHT FROM A UNITED STATES DISTRICT COURT JUDGE."

(b) Designation of Record.

With a motion to withdraw the reference, the movant must file with the clerk of the bankruptcy court and serve on all parties in interest a designation of those portions of the record that the movant believes will reasonably be necessary or pertinent to the district court's consideration of the motion. Within 14 days after service of such designation of the record, any other party in interest may serve and file a designation of additional portions of the record for review. If the record designated by a party includes a transcript of any hearing or trial, or any part thereof, that party must, immediately after filing the designation, deliver to one of the court authorized transcription services and file with the clerk of the bankruptcy court a written request for the transcript and make satisfactory arrangements for the payment of its cost. A list of the court authorized transcription services is maintained on the court's website, www.ncmb.uscourts.gov. All parties must take any action necessary to enable the clerk of the bankruptcy court to assemble and transmit the record.

(c) Responses to Motion to Withdraw Reference; Reply.

Parties opposing a motion to withdraw the reference must file with the clerk of the bankruptcy court and serve on all parties in interest their written responses to the motion within 14 days after service of the motion. The movant may file and serve a reply within 14 days after service of a response.

(d) Transmittal to and Proceedings in District Court.

When the record is complete for purposes of transmittal, but without awaiting the filing of any transcripts, the clerk of the bankruptcy court must promptly transmit to the clerk of the district court the motion and those portions of the record designated for review. Once a case has been opened in the district court, papers pertaining to the matter under review must be filed with the clerk of the district court and papers relating to other matters in the bankruptcy case or proceeding must be filed with the clerk of the bankruptcy court.