Withdrawal of the Reference

Rev. 05/06/19

WITHDRAWAL OF THE REFERENCE

Overview:

The authority of the bankruptcy court to rule on all bankruptcy cases and proceedings (motions and adversary proceedings) is allowed by what is called the "automatic" referral of all such bankruptcy matters from the district court under 28 U.S.C. §157. This is accomplished by a general district court order directing automatic reference permitting all bankruptcy matters to be filed with the bankruptcy court. (See district court Standing Order 00-3) A motion to withdraw the reference of a case or proceeding, if granted by the district court, would remove this reference in the particular matter described within the withdrawal motion.

This filing should be accompanied by the Motion/Pleading, Notice of Motion, and Proposed Order. When required by Local Bankruptcy Rule 9013-2, a Certificate of Service must also be filed.

Codes, Rules and Forms:

Bankruptcy Code:

28 U.S.C § 157

Bankruptcy Rule:

5011 

Local Rule:

5011-1

Local  Form:

None

CM/ECF Event(s):

Motions/Applications, Withdrawal of the Reference

 

I.Noticing:

A.Type:                    Passive – 14 day language

B.Who Serves:        Movant

C.Service:               D, DA, T and/or UST, L20, COMM, P