WITHDRAWAL OF REFERENCE

A motion for withdrawal of the reference shall be filed with the Clerk of the Court. An original and three (3) copies of the District Court Civil Cover Letter Sheet shall be submitted to the Court. The Clerk of the Court will transmit the motion and supporting documents to the District Court. The movant shall obtain from the Clerk of the Court the District Court civil case number and name of the District Judge assigned to the motion.

Comment This rule was amended in 2004 to specify the procedural requirements imposed on the party moving for withdrawal of the reference under 28 U.S.C. §157(d). This rule was amended in 2013 to clarify that the Clerk now opens the motion to withdraw the reference on the District Court’s electronic filing system. The movant must obtain the District Court civil case number and name of the District Judge assigned to the motion from the Clerk. This rule was amended in 2017 to reflect the current practice in this Court.

Additionally, the District Court no longer requires paper copies from the movant of the motion and other documents previously listed and only requires paper copies of the Civil Cover Sheets. 49 Rule 5070-1 OBTAINING A RETURN DATE Unless the Court orders otherwise, prior to serving a motion, cross-motion, or application, the moving party or applicant must obtain a return date from the assigned Judge’s chambers. Comment This rule is derived from former Standing Order M-99. Pursuant to Local Bankruptcy Rule 9004-2(b), the return date obtained under this rule must be included in the upper right-hand corner of the caption of the motion or application.

The title of this rule was amended in 2016. No substantive change was intended.