Local Rule 5011. WITHDRAWAL OF THE REFERENCE

(a) Form of request and place for filing. A request for withdrawal of the reference in whole or in part of a matter referred to the bankruptcy judge, other than a request by the bankruptcy court on its own or the automatic withdrawal as provided in a jury case by LR 9015(e) must be by motion filed timely with the clerk of the bankruptcy court. All such motions must conspicuously state that "RELIEF IS SOUGHT FROM A UNITED STATES DISTRICT JUDGE."

(b) Time for filing. A motion to withdraw the reference of a bankruptcy case in whole or in part must be served and filed at or before the time first scheduled for the meeting of creditors held under 11 U.S.C. § 341(a). A motion to withdraw the reference of an adversary proceeding, in whole or in part, must be served and filed on or before the date on which an answer, reply, or motion under Fed. R. Bankr. P. 7012 or 7015 is first due. A motion to withdraw the reference of a contested matter must be served and filed not later than fourteen (14) days after the motion, application or objection is served initiating the contested matter. However, a motion to withdraw the reference may be served and filed no later than fourteen (14) days after service of any pleading containing the basis for the motion to withdraw the reference. A stipulation to extend the time to answer or otherwise respond to the complaint or other pleading does not extend the time for filing the motion for withdrawal.

(c) Responses to motion to withdraw the reference; reply. Opposing parties must file with the clerk of the bankruptcy court, and serve on all parties to the withdrawal of the reference matter, their written opposition to the motion to withdraw the reference within fourteen (14) days after the motion is served. The moving party may serve and file a reply within fourteen (14) days after a response is served.

(d) Designation of the record.

(1) When the moving party files and serves the motion to withdraw the reference, it must designate the portions of the record of the bankruptcy court proceedings that it believes will reasonably be pertinent to the district court’s consideration of the motion. Within fourteen (14) days after service of the designation of record, any other party may serve and file a designation of additional portions of the record.

(2) If the record designated by any party includes a transcript or part of a transcript of any proceeding, that party must, immediately after filing the designation, order the transcript and arrange to pay for it, and file a copy of the transcript order with the district court.

(3) Unless otherwise ordered, it is each parties’ responsibility to file or append relevant portions of the designated record (including transcripts) of the bankruptcy court in connection with its filings.

(4) If the issues involve only questions of law, the parties may submit an agreed statement of facts of the parts of the record that are relevant to the questions of law, unless the district judge considering the motion directs otherwise.

(e) Transmittal to and proceedings in United States District Court. When the record is complete except for transcripts, the bankruptcy court clerk will promptly send to the district court clerk the motion and any related pleadings filed prior to the opening of a docket with the district court. After a docket is opened in district court, documents pertaining to the matter under review must be filed with the district court clerk, but all documents relating to other matters in the bankruptcy case, adversary proceeding, or contested matter must continue to be filed with the clerk of the bankruptcy court. Any motion and any request by the bankruptcy court on its own to withdraw the reference must be referred to the chief district judge or the chief district judge’s designee for decision in the district court. But if the matter is withdrawn it must be assigned to a district judge in accordance with the court’s usual system for assigning civil cases, unless the chief district judge determines that exceptional circumstances warrant special assignment to a district judge. If the district court requests, the bankruptcy judge will determine, in accordance with 28 U.S.C. § 157(b)(3), whether any proceeding in which withdrawal of the reference is sought, in whole or in part, is a core proceeding, and the bankruptcy judge may make findings and recommendations. The district court may, in its discretion, grant or deny the motion to withdraw the reference, in whole or in part. If the reference is withdrawn, the district court may retain the entire matter or may refer part or all of it back to the bankruptcy judge with or without instructions for further proceedings.