5011-1. WITHDRAWAL OF REFERENCE.

5011-1. WITHDRAWAL OF REFERENCE.

(a) A motion to withdraw reference of a case or proceeding referred to the bankruptcy court in accordance with 28 U.S.C. § 157(a) must be filed initially with the bankruptcy court clerk.
(b) All responses to a motion to withdraw reference shall be filed within fourteen (14) days from service of motion with the bankruptcy court clerk. After the fourteen (14) day period has expired, the motion and any responses shall be forwarded to the
district court clerk for issuance of a case number and assignment to a judge. All further pleadings regarding the matter shall be filed with the district court clerk.
(c) The district court judge has general discretionary authority to withdraw any petition or proceeding from a bankruptcy judge, provided:
(1) The motion for withdrawal is timely made; and
(2) the movant shows good cause for withdrawal.
(d) The motion to withdraw and the response thereto, shall list all motions, adversary proceedings and related cases pending in the bankruptcy court and their assigned number, and shall state:
(1) whether the request is to withdraw reference of the entire case or proceeding, or only a part thereof;
(2) whether the matter to be withdrawn involves similar issues previously determined or presently pending by the bankruptcy court in the same or related case;
(3) whether substantial discovery has been completed in the action;
(4) whether the presentation of evidence has begun before the bankruptcy court;
(5) whether movant is a creditor and is listed in the debtor's schedules; and
(6) when the movant first became aware of the bankruptcy case or proceeding and its interest therein.
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