REMOVAL AND REMAND PROCEDURES

(a) (b) All other parties to the removed action; Any trustee appointed in the bankruptcy case; and The Office of the Bankruptcy Administrator.

NOTICE OF REMOVAL.

A notice of removal filed under Rule 9027(a)(1) of the Federal Rules of Bankruptcy Procedure must be promptly served on: (1) (2) (3) FILING REQUIREMENTS. Unless otherwise ordered by the Court, the removing party must file with the Clerk: (1) ADVERSARY PROCEEDING COVER SHEET. An Adversary Proceeding Cover Sheet unless filed by a CM/ECF Filer.

LIST OF PARTIES AND COUNSEL.

A list containing the name of each party to the removed case, and the names, addresses and telephone numbers of their counsel, or the party, if pro se, must be filed with the Notice of Removal.

DOCKET SHEET.

The removing party must file, if available, a complete docket sheet and chronological listing of all filings and activity in the prior court from which the subject action was removed. (2) (3) 71 (4) (5) (6) (7) (8) COMPILATION OF PROCESS, PLEADINGS, AND ORDERS. Within fourteen (14) days of filing the notice of removal, the removing party must file with the Clerk, in chronological order, copies of all process, pleadings, orders, and minute entries issued, filed, entered, or made prior to removal, along with an index in the form prescribed in the Administrative Guide to Practice and Procedure.

CONSENT IN CORE PROCEEDING.

Each party who files a pleading in connection with a removed cause of action, including the notice of removal, shall include in their initial post-removal filing a statement pursuant to Fed. R. Bankr. P. 9027(e)(3) asserting whether, with respect to each claim or counterclaim: (A) (B) The proceeding is core or non-core; and The party consents to the entry of a final order or judgment by the Bankruptcy Court. If no such statement is included, unless otherwise ordered by the Court, the party filing the notice of removal or initial post-removal filing shall have waived the right to contest the authority of the Court to enter final orders or judgments. CORPORATE OWNERSHIP STATEMENT as defined by Fed. R. Bankr. P. 7007.1.

JURY DEMAND.

Within fourteen (14) days of service of the notice of removal, a party must comply with Rule 9015 to preserve any right to a jury trial.

CERTIFICATE OF SERVICE.

Not later than seven (7) days after service, the party filing the notice must file a Certification of Service.

TIMING.

The removing party must file all of the required documents within thirty (30) days of filing a notice of removal.

REMAND.

A motion for remand must be filed with the Clerk’s office where the bankruptcy is pending within 30 days after the date of filing the notice of removal, and served on all parties listed in subparagraph (a) of this Rule. (1) If the Court remands the case, a certified copy of the order of remand shall be mailed by the Clerk to the clerk of the court from which the civil action or proceeding was removed, and that court may thereupon proceed with the case. If, at any time before final judgment, it appears that the civil action or proceeding was removed improvidently or that this Court lacks jurisdiction to adjudicate the matter, this Court will remand the case to the court from which it was removed and may order the payment of reasonable and justified costs.

(2) FEES.

Unless otherwise ordered by the Court or by applicable rule, the adversary proceeding fee is due upon the filing of the notice of removal.

PENDING MOTIONS.

When an action or proceeding is removed to this Court with pending motions on which briefs have not been submitted, the moving party must serve a memorandum in support of the motion within fourteen (14) days after removal. Each party opposing the motion must respond in compliance with these local rules. (c) (d) (e) (f) Rule 9036-1(1) DEBTOR’S ELECTRONIC NOTICING REQUEST (a) DeBN REQUEST FORM. Each debtor who files a voluntary petition in bankruptcy on or after December 1, 2016, must file, contemporaneous with the petition, a completed 72 Debtor’s Electronic Noticing Request (DeBN Request) on the form provided by the Clerk of the Bankruptcy Court.

Each DeBN Request must indicate whether the debtor: (1) requests creation of a new DeBN account to begin receiving court notices and orders via email pursuant to Rule 9036, Federal Rules of Bankruptcy Procedure; declines participation in the DeBN program; requests an update to or reactivation of an existing DeBN account; or requests deactivation of an existing DeBN account.

(2) (3) (4) EMAIL ADDRESS.

Requests to create a new DeBN account and requests to update or reactivate an existing DeBN account must list a valid and active email address for the debtor. A debtor may list the same email address that was listed on a joint debtor’s DeBN Request; however, each debtor and each joint debtor must sign and file a separate DeBN Request regardless of whether they share the same email address.

PROOF OF IDENTITY.

All DeBN Requests must be filed with sufficient evidence of the debtor’s identity. The debtor provides sufficient evidence of identity when: (1) (2) the debtor’s attorney files the DeBN Request electronically in CM/ECF; the debtor files the DeBN Request in person at the Clerk’s Office and displays a photo identification or other information that would satisfy 11 U.S.C. § 521(h); or the debtor files the DeBN Request by mail and provides a copy of a photo identification or other information that would satisfy 11 U.S.C. § 521(h).

(3) CLERK DUTIES.

The clerk will act upon the DeBN Request promptly after it is filed. While the debtor’s DeBN account is active, the clerk is directed to send court-issued notices and orders via email pursuant to Rule 9036, Federal Rules of Bankruptcy Procedure, whenever the clerk would otherwise be required to send the notice or order by regular mail.

UNDELIVERABLE EMAIL NOTICES.

If an attempt to deliver a notice or order via email fails, the debtor’s DeBN account may be immediately deactivated. A debtor may reactivate the debtor’s DeBN account by submitting a DeBN Request to reactivate an existing account and supplying a valid and active email address.

SCOPE OF

DeBN. The existence of an active DeBN account does not authorize any person other than the court to provide notice of service solely by email if notice or service would otherwise be required by regular mail or other means. (b) (c) (d) (e) (f)