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The Bankruptcy StrategistKickerFeaturesSectionsNewsLJN Newsletters

What Are the Odds?

By Grant T. Stein
March 02, 2004

28 U.S.C. ' 157(d) contains the standards for mandatory or permissive withdrawal of the reference from the Bankruptcy Court to the District Court, which are well known to bankruptcy lawyers. It provides for 1) mandatory withdrawal ” … if the court determines that resolution of the proceeding requires consideration of both Title 11 and other laws of the United States regulating organizations or activities affecting interstate commerce” and 2) permissive withdrawal of the reference “ for cause shown.” The application of these standards creates conditions, considerations, and complications for the practitioner in asking the District Court to withdraw the reference and assessing the odds of success on such a motion.

Mandatory Withdrawal

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