Official Procedure Last Change March 15, 2018
Motion for Withdrawal of Reference
How to file:
Location of event: Bankruptcy > Appeals & Withdrawals of Reference > Withdrawal of Reference, Motion for
Things to be aware of when filing: This event should not be used to withdraw a document on a case. View instructions on how to withdraw a document
- A motion for withdrawal of reference is a request to have a contested matter, an adversary proceeding or an entire bankruptcy be handled by District Court instead of by the Bankruptcy Court.
- Responses to the Motion are due 14 days from the date of service of the Motion. If no responses are received in that time, the motion is transmitted to District Court. View instructions on filing a response
- If a response is received during the 14 day period, the opposing party has 14 days to file a reply. Once the 14 days have elapsed, the motion along with the response and reply, if filed, is transmitted to District Court.
- Any objections filed to the Motion for Withdrawal of Reference are heard by District Court.
- The case will continue to move forward in the Bankruptcy Court until District Court grants the motion.
- If an entire case or adversary proceeding is being withdrawn to District Court, the Bankruptcy Court will close the affected case 30 days after the District Court grants the motion.
- A Withdrawal of Reference filing fee is due.
- The Motion must be filed in the Bankruptcy Court, not in District Court.
- The motion must clearly state that relief is being sought from the District Court.
- The Motion must be signed by the filing party.
- A certificate of service must accompany the Motion.
- A designation of record must be filed along with the Motion. This may be included in the PDF with the Motion, or filed separately using the Designation of Record re: Withdrawal of Reference (including Additional Items) event.
- It is not necessary to upload a proposed order - the court will prepare one.
1. Log into CM/ECF.
3. Enter case number (in the format xx-xxxxx) and click Next.
4. Select Withdrawal of Reference, Motion for from the event list and click Next.
5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.
6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.
Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.
8. At the category selection screen, click Next.
9. Select the appropriate docket entry, then click Next:
- If the Motion seeks to withdraw the entire case to District Court, select docket entry #1.
- If the Motion seeks to withdraw an adversary case to District Court, select the appropriate adversary docket entry.
- For withdrawal of any other issue to District Court, select the first document filed on that issue.
10. Enter the date the motion was served, as shown on your Certificate of Service.
11. Select the appropriate radio button re: Designation of Record, then click Next.
12. Response date is calculated and displayed. Click Next.
13. If you indicated that the Designation of Record is attached, the Designation of Additional Items due date is calculated and displayed. Click Next.
14. Select prefix text, if applicable, and click Next.
15. Verify the final docket text; if correct, click Next to submit your document(s).
Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.