United States Code
USC most recently checked for updates: Jun 09, 2025
Rule 5011.
Motion to Withdraw a Case or Proceeding or to Abstain from Hearing a Proceeding; Staying a Proceeding
(a)
A motion to withdraw a case or proceeding under 28 U.S.C. § 157(d) must be heard by a district judge.
(b)
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)
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 motion is decided.
(d)
A motion to stay a proceeding 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 obtained 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 .)