(a) Form of Request; Place of Filing
A motion for withdrawal of a case or proceeding shall be filed in the Bankruptcy Court. In addition, all such motions shall clearly and conspicuously state that “relief is sought from a U.S. District Judge.”
(b) Recommendation by Bankruptcy Court
The Bankruptcy Court, on its own motion, may recommend to the District Court that a case or proceeding be withdrawn under 28 U.S.C. §157(d). Any such recommendation must be served on the parties to the case or proceeding and forwarded to the Clerk of the District Court for assignment to and resolution by a District Judge.
The filing of a motion to withdraw the reference or the Bankruptcy Court’s recommendation to withdraw the reference does not stay the proceedings in the Bankruptcy Court. Fed.R.Bankr.P. 5011(c) governs requests for a stay pending decision on withdrawal of reference.
(d) Designation of Record
The moving party shall serve and file, together with the motion to withdraw the reference, a designation of those portions of the record believed to be necessary or pertinent to the District Court’s consideration of the motion. Within fourteen (14) days after service of such designation of record, any other party may serve and file a designation of additional portions of the record. All designated documents shall be identified by document number and document title as noted on the docket. A marked up copy of the docket or any portion thereof will not be accepted as a proper designation. If the record designated by any party includes a transcript of any proceeding, that party shall file a written request for the transcript and include with the request the fee for preparation of the transcript. The docketed electronic file of any recording made at the hearing is not the official record and may not be included in the designation of the record.
(e) Responses to Motions to Withdraw Reference; Reply
Opposing parties shall file with the Clerk, and serve all parties to the matter, their written responses to the motion within fourteen (14) days after being served a copy of the motion. The moving party may serve and file a reply within fourteen (14) days after service of a response.
(f) Transmittal of Record to District Court
When the record is complete, the Clerk of the Bankruptcy Court shall transmit to the Clerk of the District Court the motion and the portions of the record designated. After the opening of the docket in the District Court, documents pertaining to the matter under review by the District Court shall be filed with the Clerk of the District Court.