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Pennsylvania Motion of For Withdrawal of Reference

Category:
Bankruptcy - Official - Local District
State:
Pennsylvania
Control #:
PA-SKU-0334
Format:
PDF
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Description

Motion of For Withdrawal of Reference
The Pennsylvania Motion for Withdrawal of Reference is a legal motion used in the Commonwealth of Pennsylvania when a party wishes to withdraw from a case in which it has been named as a reference. It is a procedural tool that allows the reference to be dropped from the case without prejudice. There are two types of Pennsylvania Motion for Withdrawal of Reference: voluntary and involuntary. A voluntary motion is used when a party that has been named as a reference in a case voluntarily agrees to be dropped from the case. An involuntary motion is used when one of the parties in the case objects to the reference being involved in the case. In either case, the motion must be filed with the court and a hearing must be held in order to determine the validity of the motion.

The Pennsylvania Motion for Withdrawal of Reference is a legal motion used in the Commonwealth of Pennsylvania when a party wishes to withdraw from a case in which it has been named as a reference. It is a procedural tool that allows the reference to be dropped from the case without prejudice. There are two types of Pennsylvania Motion for Withdrawal of Reference: voluntary and involuntary. A voluntary motion is used when a party that has been named as a reference in a case voluntarily agrees to be dropped from the case. An involuntary motion is used when one of the parties in the case objects to the reference being involved in the case. In either case, the motion must be filed with the court and a hearing must be held in order to determine the validity of the motion.

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FAQ

A motion for withdrawal of reference is a request to have a contested matter, an adversary proceeding or an entire bankruptcy be handled by District Court instead of by the Bankruptcy Court.

LBR 2091-1(a) provides a procedure for an attorney to withdraw as counsel, and that withdrawal results in the client no longer being represented by an attorney. The former client is now considered to be a "Self-Represented Party". Sometimes a client agrees to become a Self-Represented party.

A motion for withdrawal of reference is a request to have a contested matter, an adversary proceeding or an entire bankruptcy be handled by District Court instead of by the Bankruptcy Court.

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.

Pennsylvania Motion of For Withdrawal of Reference Related Searches

  • 28 u.s.c. § 157(d)
  • 28 u.s.c. 1334

More info

A motion for withdrawal of reference is a request to have a contested matter, an adversary proceeding adversary proceeding An "Adversary Proceeding" in bankruptcy court has the same meaning as a lawsuit in other courts. This means that one or more "plaintiff(s)" file a "complaint" against one or more "defendant(s).A motion to withdraw a case or proceeding under 28 U.S.C. § 157(d) shall be filed with the Clerk of the Bankruptcy Court. The decision to move to withdraw the reference should not be made lightly. The Court has reviewed the completed briefing and the record and files herein, and is fully informed. Filing of a Motion to Withdraw Reference. 2d 567, 577 n. Notwithstanding rule 3. 1250. A motion is a paper you can file in your case.

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