Rule 5011-2

Withdrawal of Reference

(a)  Procedure.  A motion to withdraw a case or proceeding under 28 U.S.C. § 157(d) must be filed with the bankruptcy court clerk.  The bankruptcy court clerk shall transmit the motion promptly to the district court clerk for assignment to and resolution by a district judge.

(b)  Recommendation by Bankruptcy Judge.  A bankruptcy judge, on his or her own motion, may recommend to the district court that a case or proceeding be withdrawn under 28 U.S.C. § 157(d).  Any such recommendation must be served on the parties to the case or proceeding and forwarded to the district court clerk for assignment to and resolution by a district judge.

(c)  Applicable Rules.  Except as directed by the district court, the FRBP and Local Bankruptcy Court Rules, rather than the Local Rules of Civil Procedure, apply to any case or proceeding withdrawn under 28 U.S.C. § 157(d).  For purposes of implementing the Local Bankruptcy Court Rules from and after the date that the district court directs the withdrawal of any case or proceeding under 28 U.S.C. § 157(d), any reference in the Local Bankruptcy Court Rules to the word “Court” will mean the district court, and any reference in the Local Bankruptcy Court Rules to the word “Clerk” will mean the clerk of the district court.


Committee Notes 2007: New rule. Proposed Rule 5011.2(a) replaces District Court General Order 01-15(b), which is no longer fully consistent with 28 U.S.C. § 157. Proposed Rule 5011.2(a) and (b) track Northern District of California’s B.L.R.5011-2(a) and (b). Proposed Rule 5011.2(c) is intended to discourage forum-shopping and increase consistency with respect to the handling of withdrawn cases and proceedings.

 

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