Local Rule B-9027-1: Remand of Removed Actions

B-9027-1 Remand of Removed Actions

(a) A motion to remand a claim or cause of action removed to the bankruptcy court, other than one based upon the lack of subject matter jurisdiction, shall be filed within the same time as a motion to remand actions which have been removed to the district court (see e.g. 28 U.S.C. § 1447(c)) and shall be served upon all other parties to the removed action.

(b) The provisions of N.D. Ind. L.B.R. B-7007-1(motion practice) and N.D. Ind. L.B.R. B-7007-2 (oral argument on motions) shall apply to motions to remand removed actions.

Commentary (1994)

This rule established a procedure for the timing and handling of motions seeking to remand removed actions. Unlike removal to the district court, neither the statutes nor the rules of procedure specifically establish a time limit within which motions to remand actions removed to the bankruptcy court must be filed. The Seventh Circuit has indicated, however, that §1447(c) applies. See Hernandez v. Bredegate, 943 F.2d 1223 (7th Cir. 1991).

Paragraph (b) merely incorporates the general local rules concerning briefs, response times, and hearing requests and makes them applicable to motions to remand.