Rev. 1/22/2019
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.
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Docket Event:
[Adversary> File a Complaint/Open AP Case]
Requirements:
Notice of Removal
*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)
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