REMOVAL AND REMAND

(a) Notice of Removal. A notice of removal must be filed with the clerk of the bankruptcy court pursuant to FRBP 9027 and simultaneously served on all other parties to the removed action, on any trustee appointed in the bankruptcy case, and on the United States trustee. The failure to promptly serve the notice of removal may result in extension of the time to respond under FRBP 9027(e)(3). (b) Status Conference.

(1) Using the court-mandated form, the party filing a notice of removal must prepare a notice of status conference regarding removal of action, and present it to the clerk concurrently with the filing of a notice of removal. (2) The clerk will set a status conference to be held not later than 45 days after the date that the clerk issues and files a notice of status conference, unless otherwise ordered by the court. (3) The party who files a notice of removal must serve the notice of status conference on all other parties to the removed action, on any trustee appointed in the bankruptcy case, and on the United States trustee. Service must be completed no later than 14 days after the date the notice was issued and filed.

(c) Remand. A motion for remand must be filed with the clerk of the bankruptcy court not later than 30 days after the date of filing of the notice of removal, and served under LBR 9013-1(d). (d) Filing Copies of Docket and Filed Documents. (1) Unless otherwise ordered by the court, the party filing a notice of removal must file with the clerk: (A) A copy of the docket of the removed action from the court where the removed litigation was pending; and (B) A copy of every document on the docket, whether the document was filed by a party or entered by the court.

The copies must be provided in chronological order according to the date the document was filed. 144 LBR 9036-1 (2) All such documents must be filed not later than: (A) 30 days after the date of filing of the notice of removal; or (B) if a motion to remand is filed prior to expiration of such 30-day period, 14 days after entry of an order denying such motion to remand. (e) Demand for Jury Trial. Within 14 days after service of the notice of removal, a party must comply with LBR 9015-2 to preserve any right to a trial by jury.