Local Rule L.B.R. 5011-1: Withdrawal of Reference

L.B.R. 5011-1 Withdrawal of Reference.

(a) Procedure.

A motion to withdraw the reference of a case or a proceeding in a case shall be directed to the district court, but shall be filed with the Bankruptcy Clerk. A status conference on the motion shall be held by the bankruptcy judge with notice to all parties involved in a contested matter or adversary proceeding of which the reference is proposed to be withdrawn. At the status conference, the bankruptcy judge shall consider and determine the following:

(1) whether any response to the motion to withdraw the reference was filed;

(2) whether a motion to stay the proceeding pending the district court's decision on the motion to withdraw the reference has been filed, in which court the motion was filed, and the status (pending, granted or denied) of the motion;

(3) whether the proceeding is core or non-core, or both and with regard to the non-core and mixed issues, whether the parties consent to entry of a final order by the bankruptcy judge;

(4) whether a jury trial has been timely requested, and if so, whether the parties consent to the bankruptcy judge conducting a jury trial, and whether the district court is requested to designate the bankruptcy judge to conduct a jury trial;

(5) if a jury trial has not been timely requested or if the proceeding does not involve a right to jury trial;

(6) whether a scheduling order has been entered in the proceeding;

(7) whether the parties are ready for trial;

(8) whether the bankruptcy judge recommends that (A) the motion be granted, (B) the motion be granted upon certification by the bankruptcy judge that the parties are ready for trial, (C) the motion be granted but that pre-trial matters be referred to the bankruptcy judge, or (D) the motion be denied; and

(9) any other matters relevant to the decision to withdraw the reference.

(b) Report to the District Court.

Following the completion of the status conference the bankruptcy judge will prepare a report to the district court that contains the above findings and recommendation and any scheduling order that has been entered by the bankruptcy court in the proceeding. A copy of the report and recommendation shall be entered on the docket by the Bankruptcy Clerk and noticed in the same manner as the entry of an order, and the original shall be transmitted to the District Clerk.