Motion to Withdraw a Case or Proceeding or to Abstain
Federal Rules of Bankruptcy Procedure
Rule: 5011
Jurisdiction: US
Bluebook Citation: Fed. R. Bankr. P. 5011
from Hearing a Proceeding; Staying a Proceeding (a) WITHDRAWING A CASE OR PROCEEDING. A motion to withdraw a case or proceeding under 28 U.S.C. § 157(d) must be heard by a district judge. (b) ABSTAINING FROM HEARING A PROCEEDING. Rule 9014 governs a motion asking the court to abstain from hearing a proceeding under 28 U.S.C. § 1334(c). The motion must be served on all parties to the proceeding. (c) STAYING A PROCEEDING AFTER A MOTION TO WITHDRAW OR AB- STAIN. A motion filed under (a) or (b) does not stay proceedings in a case or affect its administration. But a bankruptcy judge may, on proper terms and conditions, stay a proceeding until the mo- tion is decided. (d) MOTION TO STAY A PROCEEDING. A motion to stay a proceed- ing must ordinarily be submitted first to the bankruptcy judge. If it—or a motion for relief from a stay—is filed in the district court, the motion must state why it was not first presented to or ob- tained from the bankruptcy judge. The district judge may grant relief on proper terms and conditions. (Added Mar. 30, 1987, eff. Aug. 1, 1987; amended Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 2, 2024, eff. Dec. 1, 2024.)
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