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Motion to Withdraw a Case or Proceeding or to Abstain from Hearing a Proceeding; Staying a Proceeding – Withdrawal of the Reference

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Local Rule Number: 
Rule 5011-1
5000 Series

(a)      Place of Filing. A motion under 28 U.S.C. § 157(d) to withdraw the reference must be filed in the bankruptcy court.

(b)     Designation of Record. A motion to withdraw the reference must be accompanied by a designation of the items to be included in the record to be transmitted to the District Court for the District Court’s consideration of the motion.

(c)      Transcript.  If the record designated by a party includes the transcript of a hearing that has not yet been transcribed, immediately after filing its designation of record, that party must file local form Transcript Request Form, submit the form to the court reporter, and make payment arrangements for the transcript.

(d)     Response and Reply. A response to a motion to withdraw the reference must be filed no later than 14 days after the motion to withdraw the reference is filed. The movant may then file a reply no later than seven days after a response is filed.

(e)      Document Filed After Transmittal of Record. After the District Court opens a case and dockets a motion to withdraw the reference, any document pertaining to the motion to withdraw the reference must then be filed with the District Court. All other documents in the bankruptcy case or adversary proceeding must still be filed in the bankruptcy court.