Motion to Withdraw a Case or Proceeding or to Abstain from

Hearing a Proceeding; Staying a Proceeding. (a) Withdrawing a Case or Proceeding - Withdrawal of Reference. (1) By party. A motion to withdraw the reference and any responses thereto shall be filed under the style and number of the bankruptcy case or adversary proceeding in which reference is sought Joint Uniform Local Bankruptcy Rules – Northern and Southern Districts of Mississippi -39- to be withdrawn and shall be filed with the clerk of the bankruptcy court and be accompanied by the prescribed filing fee.

(2) By Bankruptcy Judge. A request by a bankruptcy judge for withdrawal of the reference of a case or a proceeding automatically referred to the bankruptcy court may be made sua sponte at any time. (3) Contents of Motion. A motion to withdraw the reference shall conspicuously state on the face of the motion, “RELIEF IS SOUGHT FROM A UNITED STATES DISTRICT JUDGE,” and shall refer to and comply with 28 U.S.C. §157(d) and Fed. R. Bankr. P. 5011(a).

The motion shall list all pleadings which may be relevant to the disposition of the motion, including docket entry numbers. (4) Response. Any response or objection to a motion for withdrawal of the reference shall be filed within 14 days of the date of service of such motion. (5) Transmittal to the District Court.

After the expiration of the 14-day response period established by Miss. Bankr. L.R. 5011- 1(a)(4), the clerk shall promptly transmit the motion, any responses and attached exhibits to the clerk of the district court. Joint Uniform Local Bankruptcy Rules – Northern and Southern Districts of Mississippi -40- Part VI Collecting and Liquidating the Estate