US Bank NA et al v. Pulsifer et al

Filing 2

ORDER signed by Judge Rudolph T. Randa on 9/26/2013 GRANTING 1 MOTION to Withdraw Reference. Telephonic Status Conference set for 10/30/2013 at 11:00 AM before Judge Rudolph T. Randa, the Court will initiate the call. (cc: all counsel)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
Lee H. Pulsifer and Laura L. Pulsifer,
Debtors.

Bankruptcy Case No. 12-36562-svk

LEE H. PULSIFER and LAURA L. PULSIFER,
Plaintiffs,
-vs-

Adv. Proc. No. 13-021176-svk
Case Nos. 13-C-648, 13-C-835

U.S. BANK, NATIONAL ASSOCIATION,
as Trustee for Citigroup Mortgage Pass-Through
Certificates Series 2007-AR4, and WELLS FARGO
HOME MORTGAGE,
Defendants.

MARY B. GROSSMAN, Standing Chapter 13 Trustee,
Additional Party.

DECISION AND ORDER

Now before the Court are two separate motions to withdraw the reference from
the bankruptcy court. In the first motion, docketed here as Case No. 13-C-648, the
above-captioned defendants move to withdraw the adversary proceeding filed by the
above-captioned plaintiffs. In the second motion, docketed here as Case No. 13-C835, the above-captioned debtors move to withdraw the reference of the Motion for

Relief and Abandonment that was filed in the underlying Chapter 13 proceeding.
Both of these motions are largely unopposed, and both of them seek to prevent
the possibility that the bankruptcy court could issue a ruling in a non-core proceeding.
As the Court has observed on several occasions, the “distinction between core and
non-core proceedings is the most important factor in determining whether there is
cause for withdrawal since „efficiency, uniformity and judicial economy concerns are
largely consumed within it.‟ This is mainly because a bankruptcy judge cannot enter a
final judgment in a non-core proceeding.

Instead, the bankruptcy judge makes

recommendations that are subject to de novo review in the district court.” In re
Archdiocese of Milwaukee, --- B.R. ---, 2013 WL 3937021, at *4 (E.D. Wis. July 29,
2013).
It also seems apparent that these matters can be consolidated, but the Court will
reserve judgment on that issue. For now, the Court will GRANT the motions to
withdraw [ECF No 1 in both cases] and set a telephonic status conference for October
30, 2013 at 11:00 a.m. (CST) to discuss how to proceed in the district court.
Dated at Milwaukee, Wisconsin, this 26th day of September, 2013.

BY THE COURT:

__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge
-2-