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Abstention

Local Rule Number: 
Rule 5011-2
5000 Series

(A)       Deadline for Motion; Tolling of Time to Answer.  A motion to abstain from a case, under either 11 U.S.C. §305 or 28 U.S.C. §1334, shall be filed not later than 30 days following the first date set for the meeting of creditors.  A motion to abstain from an adversary proceeding shall be filed not later than the date set for filing a response under Bankruptcy Rule 7012 and these local rules.  If the adversary proceeding is an action removed to this court pursuant to 28 U.S.C. §1452, a motion to abstain must be filed within 21 days after the notice of removal is filed with this court.  If a motion for abstention is filed in an adversary proceeding, the time for filing an answer or other responsive pleading shall be extended until 14 days after entry of an order denying such motion.

(B)         Abstention Treated as Dismissal.  An order of abstention from the case shall operate as a dismissal of the case or proceeding.