191.7 Procedure After Removal


	191. NOTICE OF REMOVAL 28USC 1452 191.1 INTRODUCTION 191.2 Removal Of Cases From State Court 191.3 Removal Procedure 191.4 Time For Filing Notice of Removal 191.5 Motion to Remand 191.6 Motion to Transfer Venue 191.7 Procedure After Removal 191.8 Case Number and Captions

PROCEDURE AFTER REMOVAL

With respect to removals pursuant to 28 U.S.C. §1452(a), Bankruptcy Rule 9027(e) sets forth certain procedures applicable after a claim or cause of action is removed. After removal the court may issue all necessary orders and process to bring before it all proper parties. Bankruptcy Rule 9027(e)(1). See also District Court Local Rule 404.3.d. If one or more of the defendants has not been served with process, the service has not been perfected prior to removal, or the process served proves to be defective, such process or service may be completed or new process issued pursuant to Part VII of the Bankruptcy Rules. Any defendant upon whom process is served after removal may seek to remand the case. Bankruptcy Rule 9027(f).

Any party filing a pleading in connection with the removed claim or cause of action, other than the party filing the notice of removal, must file a statement admitting or denying any allegation in the notice of removal asserting that the proceeding is core or non-core. If such statement asserts that the proceeding is non-core, it shall state that the party does or does not consent to entry of final orders or judgment by the bankruptcy judge. Such statement shall be signed pursuant to Bankruptcy Rule 9011 and shall be filed not later than 10 days after the filing of the notice of removal. A copy of such statement shall be mailed to every other party to the removed claim or cause of action. Bankruptcy Rule 9027(e)(3).

If a right to trial by jury exists and is properly asserted, the parties must also file a statement consenting or withholding consent to the jury trial being conducted by the bankruptcy judge. Bankruptcy Rule 9015(b). (10). The statement must be filed before the conclusion of the initial pretrial conference. Local Bankruptcy Rule 9015-1.

Pursuant to Bankruptcy Rule 9027(g), the rules provided in Part VII of the Bankruptcy Rules apply to a removed claim or cause of action and shall govern procedure after removal. Repleading is not necessary unless the court so orders. In a removed action in which the defendant has not answered, the defendant shall answer or present other available defenses or objections within 20 days following the receipt through service or otherwise of a copy of the initial pleading setting forth the claim for relief on which the action or proceeding is based, or within 20 days following the service of summons on such initial pleading, or within 5 days following the filing of the notice of removal, whichever period is longest. Bankruptcy Rule 9027(g).

10 The district court may designate the bankruptcy judges of the district to conduct jury trials pursuant to 28 U.S.C. § 157(e), assuming that the parties consent thereto.

If the court from which the claim or cause of action has been removed fails to deliver certified copies to a party requesting such copies when a proper request has been made accompanied by payment or tender of the lawful fees required in connection therewith, the court to which the claim or cause of action has been removed may, on affidavit reciting the facts, direct such record to be supplied by affidavit or otherwise.

Thereupon the proceedings, trial and judgment may be had in the court, and all process awarded, as if such certified copies had been filed. Bankruptcy Rule 9027(h).

Pursuant to Bankruptcy Rule 9027(i), all injunctions issued, orders entered and other proceedings had prior to removal shall remain in full force and effect until dissolved or modified by the court to which the claim or cause of action is removed. In addition, any attachment or sequestration of property in the court from which the claim or cause of action was removed shall continue to hold the property to answer the final judgment or decree in the same manner as the property would have been held to answer final judgment or decree had it been rendered by the court from which the claim or cause of action was removed. All bonds, undertakings or security given by either party to the claim or cause of action prior to its removal shall remain valid and effectual notwithstanding such removal. Bankruptcy Rule 9027(i).

With respect to removals pursuant to 28 U.S.C. §1441(a), similar procedures are set forth in 28 U.S.C. §§1448, 1449 and 1450.