Local Rule RULE 5011-1: WITHDRAWAL OF A CASE OR PROCEEDING (WITHDRAWAL OF REFERENCE)
Bankr. N.D.N.Y. — General rule
RULE 5011-1 WITHDRAWAL OF A CASE OR PROCEEDING (WITHDRAWAL OF REFERENCE)
(a) Form of Request and Place for Filing. A request for withdrawal of a case, in whole or in part, or proceeding, other than a sua sponte request by the Court, shall be by motion in accordance with LBR 9013-1. The Court may not conduct a hearing on a motion for withdrawal, but the motion should be filed with the Clerk with the appropriate fee. The fee is equal to the civil action filing fee under 28 U.S.C. § 1914(a). All such motions shall clearly and conspicuously state that: RELIEF IS SOUGHT FROM A UNITED STATES DISTRICT JUDGE under Fed. R. Bankr. P. 5011(a).
(b) Stay of Proceedings. The filing of a motion for withdrawal does not automatically stay proceedings in the Court. Any motion for a stay shall be filed in accordance with the requirements of Fed. R. Bankr. P. 5011(c).
(c) Responses to a Motions for Withdrawal. A response to a motion for withdrawal shall be filed with the Clerk and served on all interested parties within fourteen (14) days of service of the motion.
(d) Designation of Record.
(1) Withdrawal of Bankruptcy Case. Upon the Clerk's entry of a District Court order withdrawing a bankruptcy case, in whole or in part, the moving party shall file a list designating those portions of the record of the proceedings in the Court that the moving party believes will be reasonably necessary or pertinent. If the record designated includes a transcript of any proceeding or a part thereof, the designating party shall immediately deliver to the ECRO a written request for the transcript and make satisfactory arrangements for payment of its cost.
(2) Withdrawal of Adversary Proceeding. Where the District Court orders the withdrawal of an adversary proceeding, the Court shall designate the entire record of the adversary proceeding.
(e) Proceedings in District Court. After the record is transmitted to the District Clerk, documents pertaining to the matter under review by the District Court shall be filed with the District Clerk, but all documents relating to other matters in the bankruptcy case or adversary proceeding shall continue to be filed with the Clerk.