Local Rule 5011: Withdrawal of Reference

L.R. 5011 – Withdrawal of Reference. A. Time and Manner. A request to withdraw the reference of a case or proceeding, in whole or in part, other than a sua sponte request by the judge, shall be by motion. Absent leave of Court, a party filing a motion to withdraw the reference shall file the motion within 14 days of the filing of the first related pleading or response, or within 14 days of the pretrial order (if any), whichever is later, or shall be deemed to have waived such request.

B. Response. No later than 14 days after the filing of the motion to withdraw the reference, any other party may file and serve a response to such motion.

C. Place of Filing and Controlling Rules. A motion to withdraw the reference and all documents relating to the motion, including any responses thereto, shall be filed with the Bankruptcy Court (up until the time that the case is transferred) in the bankruptcy case or adversary proceeding in which reference is sought to be withdrawn using the caption of that bankruptcy case or adversary proceeding. The Clerk of Court will transmit the motion to withdraw the reference and all documents filed relating to the motion to the District Court. This Rule and the Local Rules of the United States District Court for the Southern District of Illinois regarding motion practice and bankruptcy court matters shall govern the motion to withdraw the reference and all proceedings related thereto.