Local Rule 9027-1: REMOVAL/REMAND

RULE 9027-1. REMOVAL/REMAND.

(a) Notice of Removal. A party filing a notice of removal must give written notice of removal to all adverse parties and must file a copy of the notice of removal with the clerk of the court from which the civil action or proceeding was removed. The filing of the notice of removal with the Clerk of this Court effectuates the removal and parties to that action may not proceed any further in the other court unless and until this Court remands the case or orders otherwise.

(b) Procedure after Removal. The party filing the notice of removal must file with the Clerk of this Court certified copies of all records and proceedings in the court from which the case was removed. The removing party bears the expense of obtaining the certified copies and must obtain and file them within 14 days after filing the notice of removal.

(c) Remand. If, at any time before final judgment, it appears that the civil action or proceeding was removed improvidently or that this Court lacks jurisdiction to adjudicate the matter, this Court will remand the case to the court from which it was removed and may order the payment of reasonable and justified costs. The Clerk of this Court will mail a certified copy of the "Order of Remand" to the clerk of the court from which the civil action or proceeding was removed, and thereafter that court may proceed with the case.

(d) Consent in Core Proceeding. Each party who files a pleading in connection with a removed cause of action, including the notice of removal, shall include in their initial post-removal filing a statement pursuant to Bankruptcy Rule 9027(e)(3) asserting whether, with respect to each claim or counterclaim: (1) the proceeding is core or non-core; and (2) the party consents to the entry of a final order or judgment by the Bankruptcy Court, consistent with Article III of the United States Constitution.