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B-5011-1. WITHDRAWAL OF REFERENCE

(a)   Place of Filing

A motion for withdrawal of a case or proceeding shall be filed in the Bankruptcy Court.

(b)   Recommendation by Bankruptcy Court

The Bankruptcy Court may recommend to the District Court that a case or proceeding be withdrawn under 28 U.S.C. §157(d).  Any such recommendation shall be served on the parties to the case or proceeding.

(c)   Stay

The filing of a motion, or the Bankruptcy Court’s recommendation, for withdrawal does not stay the proceedings in the Bankruptcy Court. Fed.R.Bankr.P. 5011(c) governs requests for a stay pending decision on withdrawal.

(d)   Designation of Record

Along with the motion for withdrawal, the movant shall file and serve a designation of those portions of the record necessary or pertinent to the District Court’s consideration of the motion. Within 14 days after service of the designation of the record, any other party may file and serve 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 is not a proper designation. If the record designated by any party includes a transcript, 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)   Response to Motion for Withdrawal; Reply

A party opposing the motion shall have 14 days after the movant serves the motion to file and serve its response. The movant may file and serve a reply within 14 days after service of a response.

(f)   Transmittal to District Court

After the time for filing a response or reply has expired, but without awaiting the filing of any transcripts, the Clerk of the Bankruptcy Court shall transmit the motion, any responses and replies, and the designated portions of the record to the Clerk of hte District Court for docketing and the issuance of a District Court case number.

(g)   Filing of Documents After Transmittal

After the transmittal to the District Court described in subparagraph (f) of this rule, documents pertaining to the motion for withdrawal under review by the District Court shall be filed with the Clerk of the District Court.  Documents related to other matters in the bankruptcy case or adversary proceeding shall continue to be filed with the Clerk of the Bankruptcy Court, unless either Court orders otherwise.  Parties shall advise both Courts of pleadings filed in either forum that affect matters pending in the other forum.