Withdrawal of the Reference | Practical Law

Withdrawal of the Reference | Practical Law

This Practice Note discusses the procedure under Federal Rule of Bankruptcy Procedure 5011 and the statutory grounds under 28 U.S.C. § 157(d) for withdrawal of the reference of a matter referred to a bankruptcy court under 28 U.S.C. § 157(a). This Note includes information on the requirements for discretionary and mandatory withdrawal of the reference, the time within which a party must seek withdrawal of the reference, which party bears the burden of proof for withdrawal of the reference, and review of orders granting or denying withdrawal of the reference. This Note also provides links to summaries of the local rules for withdrawal of the reference in certain jurisdictions, allowing attorneys to compare rules across different bankruptcy courts.

Withdrawal of the Reference

Practical Law Practice Note w-000-9965 (Approx. 27 pages)

Withdrawal of the Reference

by Practical Law Bankruptcy & Restructuring
MaintainedUSA (National/Federal)
This Practice Note discusses the procedure under Federal Rule of Bankruptcy Procedure 5011 and the statutory grounds under 28 U.S.C. § 157(d) for withdrawal of the reference of a matter referred to a bankruptcy court under 28 U.S.C. § 157(a). This Note includes information on the requirements for discretionary and mandatory withdrawal of the reference, the time within which a party must seek withdrawal of the reference, which party bears the burden of proof for withdrawal of the reference, and review of orders granting or denying withdrawal of the reference. This Note also provides links to summaries of the local rules for withdrawal of the reference in certain jurisdictions, allowing attorneys to compare rules across different bankruptcy courts.