Rev. 05/06/19

REMOVALS

Overview:

A bankruptcy debtor may remove an action from any other court to the bankruptcy court by filing a notice of removal with both the original court and bankruptcy court in which the debtor's bankruptcy case is pending.  The action can be brought by either a plaintiff or a defendant.  Once the notice of removal is filed, the action is no longer pending in the original court.  Instead the action is automatically and immediately pending in the U.S. District Court, which immediately and automatically refers the action to the bankruptcy court.  A party to a removed case can ask the bankruptcy court to remand the action back to the original court under 28 USC Section 1452(b), under any equitable grounds, such as convenience of the parties or comity with other court systems (i.e. the idea the courts should not act in any way that demeans the jurisdiction, laws, or judicial decisions of another jurisdiction).

                NOTE:  If the removal you are filing is not associated with a case in our court, please click PAMB_CMECF_Event_Help [at] pamb.uscourts.gov (here) to contact the CM/ECF Event Help mailbox. 
                You will then be notified, as soon as possible, when you will be able to file the removal electronically.

Codes, Rules and Forms:

Adversary – File a NEW Complaint

                       At the Complaint field drop-down box, change from “y” to “n” and continue to process.