The party filing the motion must serve a copy on all
Federal Rules of Bankruptcy Procedure
Rule: 9014
Jurisdiction: US
Bluebook Citation: Fed. R. Bankr. P. 9014
parties to the removed claim or cause of action. (e) PROCEDURE AFTER REMOVAL. (1) Bringing Proper Parties Before the Court. After removal, the district court—or the bankruptcy judge to whom the bank- ruptcy case has been referred—may issue all necessary orders and process to bring before it all proper parties. It does not matter whether they were served by process issued by the court from which the claim or cause of action was removed, or otherwise. (2) Records of Prior Proceedings. The judge may require the party filing the notice of removal to file with the clerk copies of all records and proceedings relating to the claim or cause of action that were filed in the court from which the removal occurred. (3) Statement by a Party Other Than the Removing Party. A party who has filed a pleading regarding a removed claim or cause of action—except the party filing the notice of re- moval—must: (A) file a statement that the party does or does not con- sent to the bankruptcy court’s entry of a final order or judgment; (B) sign the statement under Rule 9011; (C) file it within 14 days after the notice of removal is filed; and (D) mail a copy to every other party to the removed claim or cause of action. (f) PROCESS REGARDING A DEFENDANT AFTER REMOVAL. If a de- fendant has not been served—or service has not been completed before removal or has been proved defective—then process or serv- ice may be completed or new process issued under the Part VII rules. A defendant served after removal may move to remand the claim or cause of action. (g) APPLYING PART VII RULES. (1) In General. The Part VII rules apply to a claim or cause of action removed to a district court from a federal or state court, and they govern the procedure after removal. Replead- ing is not necessary unless the court orders otherwise. (2) Time to File an Answer. In a removed action, a defendant that has not previously done so must file an answer—or present other defenses or objections available under the Part VII rules. The defendant must do so within the longest of these periods: (A) 21 days after receiving—by service or otherwise—a copy of the initial pleading that sets forth the claim for relief; (B) 21 days after a summons on the original pleading was served; or (C) 7 days after the notice of removal was filed. (h) CLERK’S FAILURE TO SUPPLY CERTIFIED RECORDS OF COURT PROCEEDINGS. If a party is entitled to copies of the records and proceedings in a civil action or proceeding in a federal or state Rule 9028 FEDERAL RULES OF BANKRUPTCY PROCEDURE 140 court for use in the removed action or proceeding, the party may demand certified copies from that court’s clerk. After the party pays for them or tenders the fees, if the clerk fails to provide them, the court to which the action or proceeding is removed may—after receiving an affidavit stating these facts—order that the record be supplied by affidavit or otherwise. The court may then proceed to trial and judgment, and may award all process, as if certified copies had been filed. (i) PROPERTY ATTACHED OR SEQUESTERED; SECURITY; INJUNCTION. (1) Property Attached or Sequestered. The court from which a claim or cause of action has been removed must hold attached or sequestered property to answer the final judgment or decree in the same way it would have been held had there been no re- moval. (2) Security. Any bond, undertaking, or security given by ei- ther party before the removal remains valid. (3) Injunction. Any injunction or order issued, or other pro- ceeding had, before the removal remains in effect until dis- solved or modified by the court. (As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 29, 2002, eff. Dec. 1, 2002; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 28, 2016, eff. Dec. 1, 2016; Apr. 2, 2024, eff. Dec. 1, 2024.)
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