Practical Law Glossary Item w-003-4741 (Approx. 2 pages)
Glossary
Withdrawal of the Reference
A procedure that permits matters that have been automatically referred to the bankruptcy court under a general order of reference (28 U.S.C. § 157(a)) to be returned to and heard by the district court. Once returned, the district court for the district in which the bankruptcy court is located:
May withdraw the reference to the bankruptcy on the district court's own motion or a motion by any party, for cause shown.
Must withdraw the reference to the bankruptcy court on a motion by a party if resolution of the matter requires the consideration of both Title 11 and other US nonbankruptcy laws regulating organizations or activities affecting interstate commerce.