You are here

Notice of Removal

A civil action pending in a state court or another federal court may be removed to the Bankruptcy Court in the district in which the civil action is pending. 28 U.S.C. Sec. 1452.   The removal process is begun by the filing of a notice of removal with the bankruptcy clerk for the district and division where the civil action is pending.

Any party to a civil action may file a removal application under section 1452(a). Removal is proper if the district court has jurisdiction of such claim or cause of action under section 1334 of Title 11.

The notice of Removal must be signed pursuant to Fed. R. Bankr. P. 9011 and contain a short and plain statement of the facts which entitle the party filing the notice to remove, and a statement that the claim or cause of action is core or non-core and, if non-core the party does or does not consent to entry of final orders or judgment by the bankruptcy judge, and must be accompanied by a copy of all process and pleadings in the civil action. Fed. R. Bankr. P. 9027(a)(1). (A copy of the docket sheet should also be included).

All claims or causes of action removed to a bankruptcy court are to be handled as adversary proceedings. Fed. R. Bankr. P. 7001(10). Thus, at the time a notice of removal of an adversary proceeding from another court to the bankruptcy court is filed, the clerk must collect the fee for instituting an adversary proceeding by the filing of a complaint.  See current fee schedule.

The party filing the notice of removal must promptly serve a copy of the notice on all parties to the removed claim or cause of action. Fed. R. Bankr. P. 9027(b).

The party filing the notice of removal must also file a copy of the notice with the clerk of the court from which the claim or cause of action is removed promptly after the filing of the notice with the clerk of the bankruptcy court. Fed. R. Bankr. P. 9027c).

Removal is effective upon the filing of the copy of the notice of removal with the clerk of the court from which the claim or cause of action is removed. Fed. R. Bankr. P. 9027©. No formal act or order of the court is required. The parties may not proceed any further with the claim or cause of action in the court from which removal was effected unless and until the claim or cause of action is remanded.

  • Opening
    • Adversary
    • Open an Adversary Proceeding
    • Filed date
    • Change the Complaint to N for Notice of Removal
    • Origin - Removed From State Court
    • Insert the lead case number if there is one, otherwise leave blank.
    • Association type is Adversary
    • Divisional office is Muskogee
  • Adding the Plaintiff:
    • Search for a party by the party’s last name or business name.
    • Click on the Search button.
    • Select the correct party from the Party Search Results box and click on the Select name from list box.
    • If the party is not found, click on the Create new party and proceed with entering the correct information.
    • Verify the party information and make corrections if necessary.
    • If the Plaintiff is Pro Se, enter their address and phone number.
    • Select the Role in Bankruptcy Case that this party is:
      • Creditor
      • Debtor
      • Trustee
      • US Trustee/Bankruptcy Administrator
    • If the party is not involved in a Bankruptcy Case, select:
      • Other/Not Applicable
    • Add alias information, if necessary, by clicking on the Alias button.
    • If you need to add an attorney, click on the Attorney button.
    • Enter the last name of the attorney and click on the Search button.
    • Click on the attorney’s name in the Attorney search results box and verify the attorney’s address and phone number.
    • Click on the Select name from list button.
    • Make corrections if necessary and click on the Add attorney button.
    • You may click on the Review button if you choose to, or you may click on the Submit button.
    • If you have more than one plaintiff, repeat the above procedure until all plaintiffs are entered.
    • Click on the End plaintiff selection button.
  • Adding the Defendant:
    • Search for a party by the party’s last name or business name.
    • Click on the Search button.
    • Select the correct party from the Party Search Results box and click on the Select name from list box.
    • If the party is not found click on the Create new party and proceed with entering the correct information.
    • Verify the party information and make corrections if necessary.
    • Select the Role in Bankruptcy Case that this party is:
      • Creditor
      • Debtor
      • Trustee
      • US Trustee/Bankruptcy Administrator
        Or
    • If the party is not involved in a Bankruptcy Case select:
      • Other/Not Applicable
    • Add alias information, if necessary, by clicking on the Alias button.
    • You will not add attorney information at this time, so click on the Submit button.
    • If you have more than one defendant, repeat the above until all defendants are entered.
    • Click on the End defendant selection button.
  • Entering statistical information:
    • Party Code - Click on the down arrow and select if the U.S. is the Plaintiff, Defendant or Not a Party.
    • Rule 23 (class action)
    • Jury demand
    • Demand - Enter the amount listed on the Adversary Cover Sheet. Example: if the amount is $107,000, enter 107 in the box.
    • Primary Nature of Suit - Select 01 (Determination of Removed Claim or Cause)
    • Secondary Nature of Suit - select the appropriate nature of suit.
    • Select event - Click on the down arrow and select Notice of Removal
  • Browse and Attach the PDF of the entire Case:
    • Date document filed defaults to current date
    • Browse to locate the appropriate PDF
    • Click on the Next button.
    • Current fee displays. 
  • Docket Text:
    • Once you click on the Next button, this adversary transaction will be submitted.

Filing deadlines

The table below describes the filing time requirements:

  • 90 days after the order for relief 30 days after entry of an order terminating a stay, if the claim or cause of action has been stayed under section 362 of the Code, or
  • 30 days after a trustee qualifies in a chapter 11 reorganization case but not later than 180 days after the order for relief. Fed. R. Bankr. P. 9027(a)(2)

after the commencement of the bankruptcy case shorter of:

  • 30 days after receipt, through service or otherwise, of a copy of the initial pleading setting forth the claim or cause of action sought to be removed, or
  • 30 days after receipt of the summons if the initial pleading has been filed with the court but not served with the summons. Fed. R. Bankr. P. 9027(a)(3)

Service of Notice of Removal

 Parties to be served.

  • The party filing the notice of removal must promptly serve a copy of the notice on all parties to the removed claim or cause of action. Fed. R. Bankr. P. 9027(b). The party filing the notice of removal must also file a copy of the notice with the clerk of the court from which the claim or cause of action is removed promptly after the filing of the notice with the clerk of the bankruptcy court. Fed. R. Bankr. P. 9027(c). If necessary to assist the clerk in monitoring compliance with the rule, the party filing the notice may be required by local rule to file a document such as a certificate of filing within a set number of days.

 Effective date of removal

  • Removal is effective upon the filing of the copy of the notice of removal with the clerk of the court from which the claim or cause of action is removed. Fed. R. Bankr. P. 9027(c). No formal act or order of the court is required. The parties may not proceed any further with the claim or cause of action in the court from which removal was affected unless and until the claim or cause of action is remanded.