5011-1:  Withdrawal of Reference: File Motion with District Court

Pursuant to 28 U.S.C. Section 157, a district court may automatically "refer" all bankruptcy cases filed in that district to the bankruptcy court within that district.  A party may wish to "withdraw" this automatic referral so that the district court will adjudicate an adversary proceeding or the entire bankruptcy case -- this is called "withdrawal of reference".

• FRBP 5011 and LBR 5011-1 governs proceedings for a party to attempt to withdraw the reference. 
• District Court Local Rule Section 4, Rule 9, must be followed.
• A motion must be filed in the district court, not in the bankruptcy court
• A copy of the motion must be served on the bankruptcy judge so that the judge is aware of the proceeding.