Section 2.13 Removal

• Library: Bankruptcy Practice (2007 Ed. + 2015 Cum Supp)

5. (§2.13) Removal

Any party to a civil action outside a bankruptcy court—except noncivil actions, tax court proceedings, certain civil actions involving governmental units to enforce police or regulatory power, and claims and causes of action over which the district court does not have jurisdiction—that is “related to” a bankruptcy case may remove all or any part of the action to the district court for the district in which the civil action is pending. 28 U.S.C. § 1452. The civil action may be pending when the bankruptcy court case is commenced, or it may be filed after the bankruptcy case is commenced—e.g., by a debtor or trustee against a third party. The removed action should be automatically referred to
he bankruptcy court for that district. Fed. R. Bankr. P. 9027(f).
If that district is different from the district in which the bankruptcy case is pending, a motion for a change of venue may be appropriate to end up back in the bankruptcy court in which the case is pending.

The procedure for removal of a civil action is set forth in
Rule 9027, which details where the notice of removal is filed, its form and content, the time for filing the notice of removal in civil actions initiated before and after the bankruptcy filing, and notice procedures. Removal of the claim or cause of action is effective on the filing of...