Removing a Claim or Cause of Action from Another

Court (a) NOTICE OF REMOVAL. (1) Where Filed; Form and Content. A notice of removal must be filed with the clerk for the district and division where the state or federal civil action is pending. The notice must be signed under Rule 9011 and must: (A) contain a short and plain statement of the facts that entitle the party to remove; (B) contain a statement that the party filing the notice does or does not consent to the bankruptcy court’s entry of a final judgment or order; and (C) be accompanied by a copy of all process and plead- ings. (2) Time to File When the Claim Was Filed Before the Bank- ruptcy Case Is Commenced. If the claim or cause of action in a civil action is pending when a bankruptcy case is commenced, the notice of removal must be filed within the longest of these periods: (A) 90 days after the order for relief in the bankruptcy case; (B) if the claim or cause of action has been stayed under § 362, 30 days after an order terminating the stay is en- tered; or (C) in a Chapter 11 case, 30 days after a trustee quali- fies—but no later than 180 days after the order for relief. (3) Time to File When the Claim Is Filed After the Bankruptcy Case Was Commenced. If a claim or cause of action is asserted in another court after the bankruptcy case was commenced, a party filing a notice of removal must do so within the shorter of these periods: (A) 30 days after receiving (by service or otherwise) the initial pleading setting forth the claim or cause of action sought to be removed; or (B) 30 days after receiving the summons if the initial pleading has been filed but not served with the summons. (b) NOTICE TO OTHER PARTIES AND TO THE COURT FROM WHICH THE CLAIM WAS REMOVED. A party filing a notice of removal must promptly: (1) serve a copy on all other parties to the removed claim or cause of action; and (2) file a copy with the clerk of the court from which it was removed. (c) EFFECTIVE DATE OF REMOVAL. Removal becomes effective when the notice is filed under (b)(2). The parties must proceed no 139 FEDERAL RULES OF BANKRUPTCY PROCEDURE Rule 9027 further in the court from which the claim or cause of action was removed, unless it is remanded. (d) REMAND AFTER REMOVAL. A motion to remand is governed by