Notice of Removal

Fed. R. Bankr. P. 9027

 

A  Removal in the Bankruptcy Court, is the transfer of claims or causes of action in civil actions pending in a state court or any other federal court, to the court in the state in which the civil action is pending. 28 U.S.C. § 1452

 

A removal is initiated by filing a Notice of Removal.

 

Notice of Removal shall be filed with the clerk for the district and division within which is located the state or federal court where the civil action is pending.

 

Removal is effected by filing a notice of removal, not in the so-called home Bankruptcy Court, that is, the Bankruptcy Court where the case is pending; but in the Bankruptcy Court for the district (and division) in which is located the state or federal court in which the action is pending.

 

A Notice of Removal can be filed even if there is no active bankruptcy case.  The bankruptcy judge will conduct the removed proceeding and will conduct the proceeding in compliance with the Rules of Procedure which deal with adversary proceedings in general.

 

Notice of Removal is filed as an Adversary Proceeding

 

Docket Event:

[Adversary> File a Complaint/Open AP Case]

 

Requirements:

Notice of Removal

Filing Fee