WITHDRAWAL OF REFERENCE

Rule No: 
5011-1

a) Caption. A motion for withdrawal of reference shall be designated: "Motion for Withdrawal of Reference."

(b) Filing and Service /Judicial Recommendation. A motion for withdrawal of reference and any response and reply documents, including memoranda and supporting materials as required by Local Rules W.D. Wash. LCR 7(b) shall be filed with the clerk of court of the bankruptcy court. In addition, the bankruptcy court judge may file a recommendation regarding the motion, including but not limited to a recommendation as to whether reference should be withdrawn, the nature and status of the case, and whether there is need for an expedited resolution. A motion for withdrawal of reference shall be filed and served promptly after service of any pleading or document in which the basis for the motion first arises. Response documents shall be filed and served no later than 14 days after service of the motion for withdrawal. If a response is filed, a reply, if any, shall be filed and served no later than 21 days after filing of the motion.

(c) Transmittal of Documents to District Court. Except as otherwise ordered by the bankruptcy court, 28 days after the filing of the motion for withdrawal of reference, or after a response,reply and judicial recommendation have been filed, whichever is earlier, the clerk of the bankruptcy court shall transmit to the district court the motion and related documents that have been filed with the bankruptcy court and any recommendation of the bankruptcy judge. No documents shall be filed by the parties in response to the judicial recommendation. All further documents pertaining to the motion for withdrawal shall be filed with the clerk of the district court. Documents relating to other matters in the bankruptcy case or adversary proceeding shall be filed with the clerk of court of the bankruptcy court unless otherwise ordered by the bankruptcy or district court.

(d) Proceedings in District Court. A motion for withdrawal of reference shall be assigned to a district court judge. Unless otherwise ordered by the district court, a motion for withdrawal of reference will be decided by the court without a hearing. A party desiring oral argument should so indicate by typing "ORAL ARGUMENT REQUESTED" in the caption of its motion or responsive memorandum. The district court may in its discretion grant or deny the motion in whole or in part, and may make such orders as it deems appropriate for the orderly disposition of the case or proceeding. Upon entry of a dispositive order by the district court, the clerk of court of the district court shall forward a copy of the order to the parties and transmit a copy to the bankruptcy court for filing in the bankruptcy case.