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Withdrawal of the Reference
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.
Motions for withdrawal of the reference are filed in the bankruptcy court, but are determined by the district court (Fed. R. Bankr. P. 5011(a)).
For more information on these procedures, see Practice Note, Withdrawal of the Reference.