Local Rule LBR 5011: Withdrawal of Reference

LBR 5011: Withdrawal of Reference

(a) Form of Request. A request for withdrawal of the reference of all or part of a case or proceeding referred to the Bankruptcy Court must be made by filing a motion with the Clerk. The motion must clearly and conspicuously state that "RELIEF IS SOUGHT FROM A UNITED STATES DISTRICT JUDGE."

(b) Time for Filing. A motion to withdraw the reference of the entire bankruptcy case must be filed by the time first set for the meeting of creditors. A motion to withdraw the reference of all or part of an adversary proceeding must be filed by the date on which the answer, reply, or motion under Fed. R. Bankr. P. 7012 or 7015 is first due. A motion to withdraw the reference of a contested matter within a case must be filed not later than 14 days after service of the motion, application, or objection that initiates the contested matter. Notwithstanding the foregoing, a motion to withdraw the reference may still be filed within 14 days of the filing of any pleading or paper that for the first time raises the reason for seeking the withdrawal.

(c) Proceedings Unaffected. The filing of a motion to withdraw the reference does not stay proceedings in the Bankruptcy Court. The procedures relating to stay are set forth in Fed. R. Bankr. P. 5011.

(d) Designation of Record. The moving party must file with the Clerk of the Bankruptcy Court and serve on interested parties a designation of those portions of the record of the case or proceeding in the Bankruptcy Court that the moving party believes will reasonably be necessary or pertinent to the United States District Court's consideration of the motion. Within 14 days after service of such designation of record, any other party may serve and file a designation of additional portions of the record. If the record designated by any party includes a transcript of any hearing or trial, that party must, immediately after filing the designation, deliver to the Bankruptcy Court's electronic court recorder operator or contract court reporter a written request for the transcript and make satisfactory arrangements for payment of its cost. The parties must take all steps necessary to enable the Clerk to assemble and transmit the record.

(e) Response Filed; Reply. If a party opposes the requested withdrawal, it must file and serve its objection within 14 days of service of the motion to withdraw the reference. The moving party may then file and serve a reply within 14 days after service of the objection.

(f) Transmittal to and Proceedings in the United States District Court. When the record is complete except for transcripts, the Clerk of the Bankruptcy Court will promptly transmit to the Clerk of the United States District Court the motion and the designated portions of the record.