Official Procedure Last Change October 16, 2013
Response to Withdrawal of Reference
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How to file: Location of event: Bankruptcy > Appeals & Withdrawals of Reference > Response-Withdrawal of Reference Things to be aware of when filing: This event should only be used to file a response to a Motion for Withdrawal of Reference. For any other kind of response, use the Search link in the blue bar at the top of CM/ECF to locate the most suitable event. Show me how |
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General Information
- 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.
- 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.
Filing requirements
- The Response must be filed in the Bankruptcy Court, not in District Court.
- The Response must be signed by the filing party.
- A certificate of service must accompany the Response.
Step-by-Step Instructions
1. Log into CM/ECF.
2. Select Bankruptcy > Appeals & Withdrawals of Reference.
3. Enter case number (in the format xx-xxxxx) and click Next.
4. Select Response-Withdrawal of Reference 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.
7. Browse to select the document to be filed (pdf file). Click Next.
8. Response deadline (for the filing of a reply by the opposing party) is calculated and displayed. Click Next.
9. Select the Motion for Withdrawal of Reference to which the Response relates and click Next.
10. Select prefix text, if applicable, and click Next.
11. 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.