Last Updated: September 18, 2007
Federal Rule of Bankruptcy Procedure 5011(a) requires that a motion for withdrawal of a case or proceeding be heard exclusively by a district judge. The bankruptcy judge may not conduct hearings on a withdrawal motion.
Motions for withdrawal of a reference should be filed with the bankruptcy clerk. A motion for withdrawal of a reference must be accompanied by the appropriate filing fee. (Note: If a child support creditor or its representative is the movant, and if such movant files the form required by section 304(g) of the 1994 Act, no fee is required). <> <>If a motion for withdrawal of a reference is erroneously filed with the district court, the district court clerk, after noting the date of receipt thereon, should transmit the document to the bankruptcy clerk. Fed. R. Bankr. P. 5005(c). <> <>The court will transmit motion for withdrawal of a reference to the district court the following business day.
Step-by-Step Procedures:
Select [Bankruptcy>Motions/Applications]
Enter case number and click Next
Select Withdrawal of Reference from pick list and click Next
Select Party from party pick list or Add/create new party
Click Next
If attorney represents the party selected, click the box to create the association
If attorney does not represent the party selected, do not click the box
Click Next
Click Browse button and navigate to locate the appropriate document/file
View file to verify the correct file is being selected
Click Open button and filename will appear in the browse window
The next screen contains the filing fee amount and the following ALERT message;
ALERT: This item shall not be scheduled for hearing before a Bankruptcy Judge.
Click Next
The Modify Text screen will display. Click down arrow to select a prefix if applicable.
Click Next
The Final Text screen will display. This is your final opportunity to modify the entry before submitting the filing.
Verify the accuracy of the docket text
Click Next to complete filing process
The Electronic Payment screen will appear.
Next, pay filing fee for the motion
Electronic Payment
You have the option to:
Continue Filing
Select one of the two options and close the window when done.
The Notice of Electronic Filing will display. It is the verification that the filing has been sent electronically to the court.
Copies of this notice and the document filed are emailed to all participants who receive electronic notification in the case. You have a period of 15 days for a one time free look a