Notice of Removal

Rev. 1/22/2019

 

Fed. R. Bankr. P. 9027

 

 

A  party may remove a pending claim or a civil action from a state court or another federal court, to the bankruptcy court in the state where the civil action is pending. See 28 U.S.C. § 1452

 

The party initiates the removal by filing a Notice of Removal (the "Notice") with the District Court.  In the Southern District of Mississippi, the party may file the Notice directly with the bankruptcy court.

 

A party may file a Notice of Removal with the bankruptcy court even when there is no active bankruptcy case.  

 

 

Docket Event:

 

[Adversary> File a Complaint/Open AP Case]

 

Requirements:

 

Notice of Removal

Filing Fee*

 

*The bankruptcy clerk collects no fee when the District Court transfers the removal to the bankruptcy court within the same district.  See 28 U.S.C. § 157(a)