Motion to Withdraw Reference

Last Updated: April 2, 2013

Filing Requirements:

  • Motion to Withdraw Reference

  • Notice of Motion with 14 day objection period.  Notice is sent to interested parties.

  • Proof of Service

  • Proposed Order  Instructions.

  • Filing fee [Note:  Refer to Bankruptcy Court Miscellaneous Fee Schedule for exceptions to filing fee. 28 U.S.C. Section 1930].


To File Electronically:

  1. Log into CM/ECF.

  2. Select [Bankruptcy >  Motions/Applications].

  3. Enter the case number (e.g, xx-xxxxx).

  4. Select [Withdrawal of Reference] from the event list.

  5. Skip the Joint Filing screen.

  6. Select the party filer. If the party is not listed, click on Add/Create New Party.

    Note:  The Attorney/Party Association screen may appear. If your party selection was correct, check the box to create an association.

  7. Enter "y or n" if the notice and proof of service are included with the motion.

    Note:  The Motion, Notice of Motion, and Proof of Service may be a single PDF; or the Notice, supporting documents, and Proof of Service may be added as attachments to this document. The Motion must be the first document in your PDF.

  8. Enter the date served (Ex. 01/16/2007)

  9. Accept objection date.

  10. Browse to select the Motion (.pdf file).

    Note:  Supporting documents may be a single PDF or filed as separate documents. The motion must be the first document in your PDF.

  11. To pay via ACH or credit card, leave the receipt field blank and select [NEXT] to continue filing.

  12. Modify the text as appropriate.

  13. 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.

  14. Submit proposed order.  Instructions.

    Note: U.S. District Court, not the U.S. Bankruptcy Court, will grant or deny the Motion.

 

 

 

 

 

28 U.S.C.: 157(d)

FRBP 5011(a)