Notice of Removal

Consistent with Fed. R. Bankr.P. 9027, as well as the Standing Order of Reference dated June 23, 1984, Notices of Removal of civil actions pursuant to 28 U.S.C. section 1452 are to be filed with the Office of the Clerk of the Bankruptcy Court, rather than the Office of the Clerk of the District Court. Pursuant to Fed. R. Bankr.P. 7001(10), a removed matter is to be opened by the Bankruptcy Court Clerk as a separate adversary proceeding. See the Court's Notice to the Bar Regarding the Filing of a Notice of Removal Pursuant to Fed. R. Bankr. P. 9027, dated August 7, 2007.

Fees

Pursuant to the Bankruptcy court Miscellaneous Fee Schedule, Item 6, the fee to file an Adversary Proceeding is $350.00.


STEP 1        Choose Adversary on the main menu

STEP 2        Select AP/MP Case Opening from the list of categories

STEP 3a       Select the office where the related case is pending

STEP 3b       The case type is ap

STEP 3c        Select "n" in the complaint field; click [NEXT]

STEP 4         The Search for a Plaintiff screen displays

If Plaintiff is found, click the party name to highlight it; click [SELECT NAME FROM LIST]. If Plaintiff is not found, click [ADD CREATE NEW PLAINTIFF]. The party=s information displays and changes can be made on this screen. Role in Bankruptcy Case is the last field on the screen and the user must select from the drop down menu the party=s role in the main bankruptcy case. Click [ATTORNEY] to search for and add the attorney for the plaintiff. Continue this process until all plaintiffs and attorneys are added and then select [END PLAINTIFF SELECTION].

STEP 5          The Search for Defendant screen displays

If Defendant is found, click the party name to highlight it; click [SELECT NAME FROM LIST]. If Defendant is not found, click [ADD CREATE NEW DEFENDANT]. The party=s information displays and changes can be made on this screen. Role in Bankruptcy Case is the last field on the screen and the user must select from the drop down menu the party's role in the main bankruptcy case. Click [SUBMIT]. DO NOT add an attorney for the Defendant. Defendants are considered to be pro se unless an attorney files an answer on their behalf. Continue this process until all defendants are added and then select [END DEFENDANT SELECTION].

STEP 6          Statistical Information screen displays. You must select an appropriate response to each of the following:

  • Party Code (defaults to 3 U.S. is not a Plaintiff)

  • Rule 23 (class action) (defaults to n)

  • Jury Demand (defaults to none)

  • Demand (defaults blank)

  • State Law (defaults to n)

The user must select a Primary Nature of Suit and has the option to select four additional Natures of Suit. Click [NEXT] when all fields are completed.

TIP - The Primary Nature of Suit for a Removal Action should be 01 (Determination of Removed Claim or Cause)

STEP 7.a       Enter the case number of the bankruptcy case the Notice of Removal is related to in the Lead Case Number field

STEP 7.b      Select Related in the Association Type filed; click [NEXT]

STEP 8         Click [NEXT] to accept assignment to the correct divisional office

STEP 9         Select Notice of Removal from the Select Event field; click [NEXT]

STEP 10        Upload PDF file; click [NEXT]

STEP 11        The amount of the filing fee displays, click [NEXT] to continue

STEP 12        Click [NEXT] to advance to the next screen

STEP 13        Final Docket text appears, enter optional information; click [NEXT] to continue

TIP - The filer has the option to enter additional information in the docket text by typing in the field highlighted in Figure 1.

 

STEP 14        Final Docket Text displays, review for accuracy, click [NEXT] to submit the transaction.

SAMPLE DOCKET TEXT

Notice of Removal regarding Smith v. Broome by JANE SMITH. Fee Amount $ 250. (01 (Determination of removed claim or cause)) (Marks, Jonathan)

STEP 15        Notice of Electronic Filing displays.