James v. Deutsche Bank Trust Company Americas et al
ORDER by Judge Ronald A. White granting motion to withdraw the reference ( 3 Motion to Withdraw the Reference to Bankruptcy Court) and affirming the Report and Recommendation ( 4 Report and Recommendation) of the bankruptcy court (lal, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
SUE DELL JAMES,
DEUTSCHE BANK TRUST CO., et al.,
Case No. CIV-17-155-RAW
(Bankr. Adv. No. 16-08023-TRC)
Before the court is the unopposed motion to withdraw the reference of plaintiff Sue
Dell James and defendant Baer & Timberlake, P.C.. It is represented that defendants
Deutsche Bank Trust Company Americas and Ocwen Loan Servicing, LLC do not oppose
The bankruptcy court has also issued a Report and Recommendation,
recommending withdrawal of the reference.
Withdrawal of the reference is mandatory “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.” 28 U.S.C. §157(d).
“The Tenth Circuit has not considered what standard applies for mandatory withdrawal of
the reference.” In re Wahl, 2012 WL 5199630, *2 (N.D.Okla.2012). “The leading case on
this issue is In re Matter of Vicars Ins. Agency, Inc., 96 F.3d 949 (7 th Cir.1996), in which the
Seventh Circuit held that mandatory withdrawal is required when there are ‘substantial and
material’ issues of non-bankruptcy law that must be resolved.” Id. This standard appears to
be met in the case at bar.
It also appears that a request for jury trial as to some issues has been made. In Local
Civil Rule 84.1(h), this court specifically designates the bankruptcy court to conduct jury
trials. This designation, however, is made pursuant to 28 U.S.C. §157(e), which requires
express consent of all the parties. Such consent does not appear in the present record.
Therefore, this too represents a ground for withdrawal of the reference.
It is the order of the court that the motion to withdraw the reference (#3) is hereby
granted. The Report and Recommendation of the bankruptcy court (#4) is affirmed.
ORDERED THIS 14th DAY OF AUGUST, 2017.
RONALD A. WHITE
UNITED STATES DISTRICT JUDGE
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