Local Rule DCt.LBR 5011-8: PROCEEDINGS IN DISTRICT COURT ON THE MOTION TO WITHDRAW THE REFERENCE
D.D.C. — General rule
DCt.LBR 5011-8 PROCEEDINGS IN DISTRICT COURT ON THE MOTION TO WITHDRAW THE REFERENCE
(a) ASSIGNMENT OF MOTION.
The Clerk of the District Court must refer any motion to withdraw the reference–and any sua sponte request by the bankruptcy judge to withdraw the reference–to the Chief Judge or the Chief Judge's designee for decision.
(b) OBTAINING BANKRUPTCY JUDGE'S VIEWS.
The bankruptcy judge may sua sponte submit a recommendation regarding the motion to withdraw the reference (or any related motion). Upon request of the District Court, the bankruptcy judge must submit a recommendation regarding the motion to withdraw the reference (or any related motion), including (if requested by the District Court):
(1) stating the bankruptcy judge's determination, pursuant to 28 U.S.C. § 157(b)(3), whether the proceeding, for which withdrawal of the reference is sought, is a core proceeding;
(2) stating the bankruptcy judge's view as to whether the proceeding, if a core proceeding, is one that the bankruptcy judge may constitutionally hear and determine; and
(3) stating the Bankruptcy Court's recommendation regarding whether withdrawal of the reference (or granting of the related motion) is warranted.
(c) DISPOSITION OF MOTION.
The District Court may, in its discretion, grant or deny the motion to withdraw the reference, in whole or in part.
(d) ASSIGNMENT OF WITHDRAWN MATTER.
Except as provided in DCt.LCvR 5011-1(d) (governing emergency matters deemed withdrawn when no bankruptcy judge is available), if a matter is withdrawn, the Clerk of the District Court must assign the matter to a District Judge in accordance with the District Court's usual system for assigning civil actions, unless the Chief Judge determines that exceptional circumstances warrant special assignment to a particular District Judge.
(e) DISPOSITION OF WITHDRAWN MATTER.
After such withdrawal, the District Court may retain the entire matter withdrawn or may refer part or all of it back to the bankruptcy judge with or without instructions for further proceedings.