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423(Bankruptcy Withdrawl) | Illinois Northern
Final
FINAL closing order dated 1/19/2022 entered on USBC docket. (exr, ) (Entered: 01/19/2022)
Order
ORDER: Plaintiff Demitri Karras filed a motion under 28 U.S.C. § 157(d) asking the Court to exercise its discretion to withdraw the bankruptcy referral. R. 1, Mot. Withdraw.1 The previously assigned Judge2 entered an Order directing Karras to show cause as to why his motion should not be denied. R. 10, Order Show Cause. Specifically, the Court ordered Karras to show cause why the Bankruptcy Court's reasoning in its memorandum Opinion denying Karras' motion to dismiss Defendant Bryce Strilen's (Stirlen) counterclaim, In re Stirlen, 614 B.R. 837, 845 (Bankr. N.D.Ill. 2020) (Bankruptcy Opinion), is incorrect, or to otherwise demonstrate that "good cause" for withdrawal exists under § 157(d). Order Show Cause at 2. The Court noted that, even though Stirlen does not oppose the motion, the Court still must find "good cause" to withdraw the referral. Id. at 1. Karras filed a response (Response), advancing several arguments as to why the Bankruptcy Court's Order is incorrect and one argument as to why there is cause to withdraw the reference. R. 16, Resp. For the reasons below, the Court determines that Karras not met his burden to show cause, and as such, denies Karra's motion to withdraw. Signed by the Honorable Franklin U. Valderrama on 1/19/2022. Mailed notice. (exr, ) (Entered: 01/19/2022)
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