Local Rule DUCivR 83-6.3: BANKRUPTCY – WITHDRAWAL OF THE REFERENCE OF BANKRUPTCY CASES, PROCEEDINGS, AND CONTESTED MATTERS
D. Utah — Civil rule
DUCivR 83-6.3 BANKRUPTCY – WITHDRAWAL OF THE REFERENCE OF BANKRUPTCY CASES, PROCEEDINGS, AND CONTESTED MATTERS
(a) Withdrawal Motion.
A motion requesting withdrawal of the reference must be filed in the bankruptcy court and allege that withdrawal is:
(1) mandatory under 28 U.S.C. § 157(b)(5) because the proceeding is a personal injury tort or a wrongful death claim;
(2) mandatory under 28 U.S.C. § 157(d) because resolution of the proceeding requires consideration of both title 11 and other laws of the United States regulating organizations or activities affecting interstate commerce; or
(3) appropriate because cause exists under 28 U.S.C. § 157(d) as specified in the motion.
(b) Briefing Requirements.
A withdrawal motion must comply with DUCivR 7-1, unless the court orders otherwise or the parties stipulate to shorter requirements.
(c) Filing Deadlines.
(1) Bankruptcy Cases. A motion to withdraw the reference of a bankruptcy case may be made at any time.
(2) Adversary Proceedings. A motion to withdraw the reference of an adversary proceeding must be filed within 28 days of the time the movant files its first pleading.
(3) Contested Matters.
(A) If the person initiating the contested matter seeks to withdraw the reference, the motion must be filed separately and simultaneously with the pleading initiating the contested matter.
(B) Any other person seeking to withdraw the reference must separately file a withdrawal motion simultaneously with their initial response.
(d) Transmittal of the Withdrawal Motion and Transfer to the District Court.
(1) After transmittal of the motion to the district court, the following apply:
(A) all filings related to the withdrawal motion must be filed in the district court; and
(B) the local rules of the district court apply unless ordered otherwise.
(2) After the withdrawal motion is granted, the following apply:
(A) the bankruptcy court will transfer the bankruptcy case, adversary proceeding, or contested matter to the district court;
(B) subsequent filings related to the withdrawn case, adversary proceedings, or contested matter must be filed in the district court;
(C) all existing deadlines pending at the time of transfer remain in effect; and
(D) the local rules of the district court apply unless ordered otherwise.