5011-2. MOTION FOR WITHDRAWAL OF REFERENCE

5011-2. Motions for Withdrawal of Reference.

(a) Motion by Party. A motion to withdraw a case or proceeding under 28 U.S.C. § 157(d) shall be filed with the Clerk of the Bankruptcy Court. The Clerk of the Bankruptcy Court shall transmit the motion forthwith to the District Court, with a copy forwarded to the assigned Bankruptcy Judge.

(b) Recommendation of Bankruptcy Judge. A Bankruptcy Judge may, on the Judge’s own motion, upon the filing of a motion under subparagraph (a) of this rule, recommend to the District Court whether the case or proceeding should be withdrawn under 28 U.S.C. § 157(d). Such a recommendation shall be served on the parties to the case or proceeding and forwarded to the Clerk of the District Court.

(c) Assignment of Motion to Judge; Notification to Parties; Filing of Papers. A motion or recommendation made under this rule for withdrawal of the bankruptcy reference shall be assigned by the Clerk of the District Court to a District Judge pursuant to the District Court’s Assignment Plan. The Clerk of the District Court shall promptly notify the parties of the name of the assigned District Judge and the District Court case number assigned to the motion, and thereafter any papers filed with respect to the motion or recommendation for withdrawal of the reference (other than a request for stay of proceedings in the Bankruptcy Court) shall be filed with the Clerk of the District Court and shall bear both the District Court civil case number (which shall be stated first) and the Bankruptcy Court case or adversary proceeding number.

(d) Scheduling and Briefing. Unless the assigned District Judge orders otherwise: within 14 days after receiving notice of the assignment to a District Judge under subsection (c) of this rule, any party objecting to withdrawal of the reference shall file in the District Court its opposition brief of not more than ten pages; 14 days thereafter, any party supporting withdrawal of the reference may file a reply brief of not more than ten pages; no hearing will be held unless the assigned District Judge orders otherwise.

(e) Assignment After Withdrawal. A withdrawn case or proceeding shall be assigned to the District Judge who ordered the withdrawal of reference.

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