Withdrawal of Reference

U.S. Bankruptcy Court for the Eastern District of Pennsylvania

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Eastern District of Pennsylvania

Rule: 5011-1

Jurisdiction: EDPAB

Bluebook Citation: Bankr. E.D. Pa. L.R. Adm. R. 5011-1

All Rules: Bankr. E.D. Pa. L.R. Adm. Local Bankruptcy Rules, complete index


Text

(a) Motion and Brief. A motion for withdrawal of the reference of a case or proceeding under 28 U.S.C. § 157(d) shall be accompanied by a proposed form of order which, if approved by the court, would grant the relief sought by the movant and a brief containing a concise statement of the legal contentions and authorities relied on in support of the motion. (b) Caption. The caption of a motion for withdrawal shall conform substantially to L.B.F. 5011-1.

(c) Filing. The motion, proposed order, and brief shall be filed with the clerk of the bankruptcy court. (d) Transmittal to District Court. The clerk of the bankruptcy court shall promptly transmit the motion for withdrawal of the reference to the district court.

(e) Service. The movant shall serve the motion, proposed order, and brief on the parties to an adversary proceeding, if the motion is to withdraw the reference of an adversary proceeding, or those listed on the Clerk’s Service List, if the motion is to withdraw the reference of the case or of any matter arising in the case other than an adversary proceeding. -50- (f) Opposition. Unless the district court directs otherwise, within 14 days after service of the motion, a party opposing the motion shall file with the district court and serve on the movant and the parties referred to in subdivision (e) a brief in opposition with an answer or other response that may be appropriate. (g) Further Proceedings in District Court.

Local Civil Rule 7.1, Motion Practice, of the United States District Court for the Eastern District of Pennsylvania governs all proceedings in the district court relating to the motion for withdrawal.

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