Table of Contents             Next                  Previous

Local Bankr. R. 9027-1 Removal.

(a)     Filing.

A removed claim or cause of action related to a bankruptcy case shall be filed in the Bankruptcy Court as an adversary proceeding and assigned directly to a Bankruptcy Judge. The filing shall contain a completed Adversary Proceeding Cover Sheet.

(b)     Filing Fee.

The adversary proceeding filing fee is due upon the filing of the notice of removal. A fee is not required if the party removing the case is the Debtor, or child support creditor. If the party removing the case is the trustee or Debtor in possession, a motion to defer filing fee may be filed along with a proposed order.

(c)     Attachments.

A notice of removal shall include a copy of the docket sheet, and shall be accompanied by a copy of all pleadings from the Court from which the claim or cause of action is removed. The plaintiff(s) and defendant(s) shall be identical to the plaintiff(s) and defendant(s) in the Court from which the claim or cause of action is removed.

(d)     Compliance with FRBP 7008 and FRBP 7012(b).

If a complaint or an answer for an adversary proceeding fail to comply with FRBP 7008 and FRBP 7012(b), the filing party shall file an amended complaint and/or amended answer addressing entry of final orders within five (5) days after the filing of the notice of removal.