WITHDRAWAL AND ABSTENTION FROM A CASE OR PROCEEDING
- CASES:
- A case referred to the Bankruptcy Court may be withdrawn by the District Court for cause shown on a timely motion filed by any party in interest. The motion to withdraw the reference of a case, in whole or in part, shall be filed with the Clerk of the Bankruptcy Court no later than thirty (30) days after the 11 U.S.C. § 341(a) Meeting of Creditors is concluded. Parties in interest without notice or actual knowledge of the pendency of the case may move to withdraw the reference not later than twenty-one (21) days after having acquired actual knowledge of the pendency of the case.
- Upon filing of a Motion to Withdraw Reference, the Clerk of the Bankruptcy Court shall forthwith transmit the motion to the Clerk of the District Court together with the pertinent record and any subsequent responses.
- The motion shall be served on counsel of record for the debtor or, if the debtor has no attorney, on the debtor United States trustee. The debtor shall have fourteen (14) days after service of the motion to file a response. The District Court may dispose of the motion with or without a hearing.
- Upon final disposition of a case transmitted to the District Court pursuant to an Order Withdrawing Reference of the case, the Clerk of the District Court shall transmit to the Bankruptcy Court a copy of the entire case file originally transmitted to the District Court together with the order, judgment, or decree entered by the District Court.
- In the event the Motion to Withdraw Reference is denied, the Clerk of the District Court shall forthwith transmit the motion to the Clerk of the Bankruptcy Court together with the matters originally transmitted.
- PROCEEDINGS:
- A proceeding arising in, under or related to a case referred to the Bankruptcy Court pursuant to the Order of General Reference may be withdrawn by the District Court for cause shown on a timely motion filed by a party in interest. The Motion to Withdraw Proceeding must be filed with the Clerk of the Bankruptcy Court not later than the date set for filing an answer under Bankruptcy Rule 7012 or within twenty-one (21) days after the Bankruptcy Court has made a determination that a proceeding is a non-core matter.
- A Motion to Withdraw Proceeding must specifically identify the proceeding sought to be withdrawn, setting forth the exact style, title, and adversary number where applicable.
- Immediately upon docketing the Motion to Withdraw Proceeding, the Clerk of the Bankruptcy Court shall forthwith transmit the motion to the District Court together with all papers pertaining to the proceeding sought to be withdrawn.
- A Motion to Withdraw Proceeding shall be served on counsel of record for the debtor or, if the debtor has no attorney, on the debtor. The debtor shall have fourteen (14) days after service of the motion to file a response. The District Court may dispose of the motion with or without a hearing.
- Upon final disposition of a proceeding transmitted to the District Court pursuant to an Order Withdrawing Reference, the Clerk of the District Court shall transmit to the Bankruptcy Court a copy of the entire record originally transmitted to the District Court together with any order, judgment, or decree entered by the District Court.
- In the event that the reference of a proceeding is withdrawn by the District Court and the bankruptcy case is subsequently dismissed by order of the Bankruptcy Court, the Clerk of the Bankruptcy Court shall immediately certify to the District Court that an order of dismissal has been entered.
- ABSTENTION:
- Unless otherwise ordered by the Bankruptcy Court, a Motion for Abstention under 11 U.S.C. § 305 shall not toll, suspend, or otherwise change the time period for filing responsive pleadings or motions in pending matters.
- An Order of Abstention shall have the effect of closing the file of the case.
- All requests for the Court to abstain in a case under Title 11 shall be filed no later than thirty (30) days after the 11 U.S.C. § 341(a) Meeting of Creditors is concluded.
Advisory Committee Notes
2023 Amendment
The title of the rule was revised to more accurately describe the text of the rule. Additionally, there were other stylistic changes for purposes of internal consistency and/or to correct grammatical errors.
2020 Amendment
The amended rule includes only stylistic changes. The format of subdivisions is changed to maintain a consistent style across all rules.