Rules of Procedure for Withdrawal of Reference

U.S. District Court for the District of Maryland

Rule Set: Local Rules of the United States District Court for the District of Maryland

Rule: 405

Jurisdiction: DMD

Bluebook Citation: D. Md. L.R. 405

Filing of Pleadings after Reference Withdrawn 3. 2. Withdrawal of Reference of Bankruptcy Case or Proceeding a) Filing of Motion for Withdrawal of Reference with Bankruptcy Clerk A motion pursuant to 28 U.S.C. § 157(d) and Bankruptcy Rule 5011 to withdraw the reference of any bankruptcy case, contested matter, or adversary proceeding referred to the Bankruptcy Court pursuant to 28 U.S.C. § 157(a) and L.R. 402 shall be filed with the Clerk in the Bankruptcy Court. If the motion requests withdrawal of only a portion of the case, a contested matter, or a portion of an adversary proceeding, the motion shall be accompanied by the filing of a designation of the documents and pleadings filed in the case or proceeding to which the motion relates. b) Withdrawal of Reference of Bankruptcy Cases A motion to withdraw the reference of a case to the Bankruptcy Court must be timely filed, and in any event, before the case is closed. c) Withdrawal of Reference of Adversary Proceeding or Contested Matter A motion to withdraw an adversary proceeding or a contested matter in a case which has been referred to the Bankruptcy Court must be filed by the earlier of fourteen (14) days before the date scheduled for the first hearing on the merits and, i) ii) in the case of an adversary proceeding, within twenty-one (21) days after the last pleading is permitted to be filed pursuant to Bankruptcy Rule 7012; or in the case of a contested matter, within twenty-one (21) days after the last responsive pleading or memorandum in opposition is permitted to be filed pursuant to Local Bankruptcy Rule 9013-1(b)(3).

3. Filing of Pleadings after Reference Withdrawn a) If the reference of an entire case has been withdrawn from the Bankruptcy Court to the District Court, all pleadings and documents in or related to such case shall be thereafter filed with the Clerk in the District Court. b) Where the reference of only a portion of an entire case has been withdrawn, pleadings and documents with respect to the case (including any parts thereof that have been withdrawn or transferred) shall continue to be filed with the Clerk in the Bankruptcy Court. Any pleadings and documents which relate to any parts of the case which have been withdrawn or transferred to the District Court shall also be filed with the Clerk of the District Court. U.S. District Court of Maryland Local Rules (December 1, 2025) 58

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