Rule 5011 — Motion to Withdraw a Case or Proceeding or to Abstain from Hearing a Proceeding; Staying a Proceeding

Fed. R. Bankr. P. 5011

• Source: Federal Rules of Bankruptcy Procedure
• Rule: 5011
• PART X: [ABROGATED]
• Citation: Fed. R. Bankr. P. 5011

Text

(a) WITHDRAWING A CASE OR PROCEEDING. A motion to withdraw
a case or proceeding under 28 U.S.C. §157(d) must be heard by a
district judge.
(b) ABSTAINING FROM HEARING A PROCEEDING. Rule 9014 governs
a motion asking the court to abstain from hearing a proceeding
under 28 U.S.C. §1334(c). The motion must be served on all parties
to the proceeding.
(c) STAYING A PROCEEDING AFTER A MOTION TO WITHDRAW OR AB-
STAIN. A motion filed under (a) or (b) does not stay proceedings in
a case or affect its administration. But a bankruptcy judge may,
on proper terms and conditions, stay a proceeding until the mo-
tion is decided.
(d) MOTION TO STAY A PROCEEDING. A motion to stay a proceed-
ing must ordinarily be submitted first to the bankruptcy judge. If
it—or a motion for relief from a stay—is filed in the district court,
the motion must state why it was not first presented to or ob-
tained from the bankruptcy judge. The district judge may grant
relief on proper terms and conditions.
(Added Mar. 30, 1987, eff. Aug. 1, 1987; amended Apr. 30, 1991, eff.
Aug. 1, 1991; Apr. 2, 2024, eff. Dec. 1, 2024.)