Local Rule LR 9.10 / LR 9027-1: Removals and Remand

(a) Removal The removal of a civil action to a Bankruptcy Court requires the filing of a "Notice of Removal" with the Bankruptcy Clerk's office for the district within which the civil action is pending. The notice shall be signed pursuant to Rule 9011 and contain a short statement of the facts which entitle the party to remove the cause of action, contain a statement that upon removal the proceeding is core or non-core and, if non-core, that the party filing the notice does or does not consent to entry of final orders or judgment by the Bankruptcy Judge, and be accompanied by a copy of all process and pleadings. Removal of a claim or cause of action is effected upon the filing of a copy of the notice with the clerk of the court from which the action was removed.

The removed action is treated as an adversary proceeding and requires a filing fee (See Appendix A), unless the party removing the action is a Chapter 7 debtor. The notice shall be accompanied by a completed Adversary Proceeding Cover Sheet (Form B104).

The party filing the notice shall serve a copy of it on all parties to the removed cause of action. Any party who has filed a pleading in connection with the removed cause of action, other than the party filing the notice, shall file a statement admitting or denying any allegation in the notice regarding whether the proceeding is core or non-core. If the statement alleges that the proceeding is non-core, it shall state that the party does or does not consent to entry of final orders or judgment by the Bankruptcy Judge. This statement shall be signed pursuant to Rule 9011 and shall be filed and served not later than ten (10) days after the filing of the notice of removal.

(b) Remand A motion for remand of the removed claim or cause of action shall be governed by Rule 9014 and served on the parties to the removed claim or cause of action.

Cross reference Bankruptcy Rules 9014; 9027 Appendix A (Fees)