Local Rule 87.2 of the U.S. District Court, Southern District of Florida provides that all cases and proceedings arising under Title 11, United States Code are referred to the Bankruptcy Judges of this District.
Motions to Withdraw the Reference are governed by Bankruptcy Rule 5011, USDC SDFL Local Rule 87.3 and USBC SDFL Local Rule 5011-1 and are filed in the Bankruptcy Court and transmitted to the District Court for rulings. All motions, including those seeking a withdrawal of only a portion of a case, a specific contested matter, or a portion of an adversary proceeding, must be accompanied by a designation of the documents and pleadings to which the motion relates. When e filing motions in CM/ECF, file the motion using the event Bankruptcy (or Adversary) > Motions/Applications > Withdrawal of Reference. Below are some tips to assist you in complying with the federal and local rules requirements:
- The applicable filing fee must accompany the motion.
- A statement to explain the reason for the motion and identify any legal reference or authority for the motion must be included. A proposed order may be attached as an exhibit. -
- A designation of record is required pursuant to Local Rule 5011-1(B)(1), and it should be filed along with the motion. It may be included in the PDF image, as an attachment, or it may be filed separately. If filed separately, file it using the event Other > Designation Re: Motion to Withdraw Reference.
- If the designation refers a related case or proceeding, clearly identify the case number(s), title of document, and any corresponding docket entry number.
- A Certificate of Service is required and it must comply with Local Rule 5011-1(B)(2).
- A Transcript Request Form (LF-05) is available from the USBC SDFL website.
The case or proceeding will continue to move forward in the Bankruptcy Court while a ruling on the motion is pending in the District Court. All responses to the motion are due 14 days from the date of service of the motion, and any served opposing party has 14 days to file a reply. When the time periods have elapsed, all documents are transmitted to District Court by the bankruptcy clerk. The District Court will enter and serve their ruling, as well as ensure service upon the Bankruptcy Court. The ruling will also appear on the Bankruptcy Court’s docket.
