Article by Gregory Salvato and J. Scott Bovitz. Dated December 8, 2010.
This paper summarizes the removal procedure under 28 U.S.C. § 1452 and Federal Rule ofBankruptcy Procedure ("FRBP") 9027. We will answer these questions.
- What claims can be removed under 28 U.S.C. § 1452?
- Who may remove claims under 28 U.S.C. § 1452?
- What are the limitations on removal jurisdiction?
- What should the notice of removal contain?
- Where does a party file a notice ofremoval?
- What are the deadlines for removing a claim?
- May a party remove fewer than all claims in the action?
- When does removal take effect?
- Where do removed cases "go"?
- If a matter is removed before an answer is filed, when is the responsive pleading due?
- When a state court action is removed, what is a party to do? a. Deadline for a motion to remand. b. Motion to remand under 28 U.S.C. § 1452(b). c. Motion to abstain.
- Can and order ofremand or abstention be reviewed on appeal?
- Can a court award sanctions for improper removal?
- Why bother to remove claims from state court to bankruptcy court?