Rule 5011-1 Withdrawal of Reference.

(a)    Filing of Motion.  The movant must file a motion, proposed order, and supporting brief with the clerk of the Bankruptcy Court.  The clerk of the Bankruptcy Court will transmit the motion and supporting documents to the District Court.  All documents filed after the initial motion, proposed order, and supporting brief must be filed with the clerk of the District Court.

(b)    Motion Contents.  The motion must address the following:

(1)    whether the proceeding for which withdrawal is being sought is core under 28 U.S.C. § 157(b) or non-core under 28 U.S.C. § 157(c) and, if core, whether the Bankruptcy Court lacks the constitutional authority to enter a final order or judgment;

(2)    whether withdrawal of the reference is permissive under 28 U.S.C. § 157(d);

(3)    whether withdrawal of the reference is mandatory under 28 U.S.C. § 157(d).

(c)    Notice of the Motion.  The movant must provide notice to all creditors and parties in interest if the motion requests withdrawal of the entire bankruptcy case or provide notice to the parties in the adversary proceeding if the motion requests withdrawal of an adversary proceeding or counts within the proceeding.

(d)    Objections to the Motion.  Any party opposing the motion must file with the District Court and serve on the movant and other interested parties an objection and brief within fourteen (14) days after service of the motion and a supporting brief.

(e)    Bankruptcy Court Report and Recommendations.  After the time for filing objections has expired, the bankruptcy judge assigned to the bankruptcy case will file with the District Court, within fourteen (14) days, a report and recommendation on the motion to withdraw the reference.  Once the report and recommendation is submitted by the bankruptcy judge, any party may object to the report and recommendations within fourteen (14) days after being served with a copy thereof.  Thereafter, the motion will be ripe for disposition by the district court.

(f)     Procedure After Grant of the Motion.  If the District Court grants the motion, all further proceedings will be governed by the Rules of Court for the Middle District of Pennsylvania.

COMMENTS: L.B.R. 5011-1 was adopted effective June 1, 2016, to provide the procedure for filing a motion to withdraw the reference.

Part V - Courts and Clerks


Wilkes-Barre Fax:  570-829-0249

Harrisburg Fax:  717-901-2822