(a) Notice of Removal.
(1) Where Filed; Form and Content. A notice of removal shall be filed with the clerk for the district and division within which is located the state or federal court where the civil action is pending. The notice shall be signed pursuant to Rule 9011 and contain a short and plain statement of the facts which entitle the party filing the notice to remove, contain a statement that upon removal of the claim or cause of action the proceeding is core or non-core and, if non-core, that the party filing the notice does or does not consent to entry of final orders or judgment by the bankruptcy judge, and be accompanied by a copy of all process and pleadings.
(2) Time for Filing; Civil Action Initiated Before Commencement of the Case Under the Code. If the claim or cause of action in a civil action is pending when a case under the Code is commenced, a notice of removal may be filed only within the longest of (A) 90 days after the order for relief in the case under the Code, (B) 30 days after entry of an order terminating a stay, if the claim or cause of action in a civil action has been stayed under § 362 of the Code, or (C) 30 days after a trustee qualifies in a chapter 11 reorganization case but not later than 180 days after the order for relief.
(3) Time for filing; civil action initiated after commencement of the case under the Code. If a claim or cause of action is asserted in another court after the commencement of a case under the Code, a notice of removal may be filed with the clerk only within the shorter of (A) 30 days after receipt, through service or otherwise, of a copy of the initial pleading setting forth the claim or cause of action sought to be removed, or (B) 30 days after receipt of the summons if the initial pleading has been filed with the court but not served with the summons.
(b) Notice. Promptly after filing the notice of removal, the party filing the notice shall serve a copy of it on all parties to the removed claim or cause of action.
(c) Filing in Non -Bankruptcy Court. Promptly after filing the notice of removal, the party filing the notice shall file a copy of it with the clerk of the court from which the claim or cause of action is removed. Removal of the claim or cause of action is effected on such filing of a copy of the notice of removal. The parties shall proceed no further in that court unless and until the claim or cause of action is remanded.
(d) Remand. A motion for remand of the removed claim or cause of action shall be governed by Rule 9014 and served on the parties to the removed claim or cause of action.
(e) Procedure After Removal.
(1) After removal of a claim or cause of action to a district court the district court or, if the case under the Code has been referred to a bankruptcy judge of the district, the bankruptcy judge, may issue all necessary orders and process to bring before it all proper parties whether served by process issued by the court from which the claim or cause of action was removed or otherwise.
(2) The district court or, if the case under the Code has been referred to a bankruptcy judge of the district, the bankruptcy judge, may require the party filing the notice of removal to file with the clerk copies of all records and proceedings relating to the claim or cause of action in the court from which the claim or cause of action was removed.
(3) Any party who has filed a pleading in connection with the removed claim or cause of action, other than the party filing the notice of removal, shall file a statement admitting or denying any allegation in the notice of removal that upon removal of the claim or cause of action the proceeding is core or non-core. If the statement alleges 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. A statement required by this paragraph shall be signed pursuant to Rule 9011 and shall be filed not later than 14 days after the filing of the notice of removal. Any party who files a statement pursuant to this paragraph shall mail a copy to every other party to the removed claim or cause of action.
(f) Process After Removal. 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 these rules. This subdivision shall not deprive any defendant on whom process is served after removal of the defendant’s right to move to remand the case.
(g) Applicability of Part VII. The rules of Part VII apply to a claim or cause of action removed to a district court from a federal or state court and 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 the other defenses or objections available under the rules of Part VII within 21 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 21 days following the service of summons on such initial pleading, or within seven days following the filing of the notice of removal, whichever period is longest.
(h) Record Supplied. When a party is entitled to copies of the records and proceedings in any civil action or proceeding in a federal or a state court, to be used in the removed civil action or proceeding, and the clerk of the federal or state court, on demand accompanied by payment or tender of the lawful fees, fails to deliver certified copies, the court 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 certified copies had been filed.
(i) Attachment or Sequestration; Securities. When a claim or cause of action is removed to a district court, any attachment or sequestration of property in the court from which the claim or cause of action was removed shall 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. 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.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 29, 2002, eff. Dec. 1, 2002; Mar. 26, 2009, eff. Dec. 1, 2009.)
added in current removed in current
Compared to current version (2025).
(a) Notice of Removal.
(1) Where Filed; Form and Content. A notice of removal shallmust be filed with the clerk for the district and division within which is locatedhere the state or federal court where the civil action is pending. The notice shallmust be signed pursuant tounder Rule 9011 and must:
(A) contain a short and plain statement of the facts whichthat entitle the party filing the notice to remove,;
(B) contain a statement that upon removal of the claim or cause of action the proceeding is core or non-core and, if non-core, that the party filing the notice does or does not consent to the bankruptcy court’s entry of a final orders or judgment by the bankruptcy judge, andjudgment or order; and
(C) be accompanied by a copy of all process and pleadings.
(2) Time forto Filing; Civil Action Initiated Before Commencement of the Case Under the Codee When the Claim Was Filed Before the Bankruptcy Case Is Commenced. If the claim or cause of action in a civil action is pending when a case under the Codbankruptcy case is commenced, athe notice of removal mayust be filed only within the longest of these periods:
(A) 90 days after the order for relief in the case under the Code, (B) 30 days after entry of an order terminating a stay,bankruptcy case;
(B) if the claim or cause of action in a civil action has been stayed under § 362 of the Code, or (C) 30 days after a trustee qualifies, 30 days after an order terminating the stay is entered; or
(C) in a cChapter 11 reorganization case case, 30 days after a trustee qualifies-but not later than 180 days after the order for relief.
(3) Time for filing; civil action initiatto File When the Claim Is Filed aAfter commencement of the case under the Codethe Bankruptcy Case Was Commenced. If a claim or cause of action is asserted in another court after the commencement of a case under the Code, a notice of removal may be filed with the clerk onlybankruptcy case was commenced, a party filing a notice of removal must do so within the shorter of these periods:
(A) 30 days after receipt, throughving (by service or otherwise, of a copy of) the initial pleading setting forth the claim or cause of action sought to be removed,; or
(B) 30 days after receipt ofving the summons if the initial pleading has been filed with the court but not served with the summons.
(b) Notice. Promptly after filing the notice of removal, the to Other Parties and to the Court from Which the Claim Was Removed. A party filing thea notice shallof removal must promptly:
(1) serve a copy of it on all other parties to the removed claim or cause of action.; and
(c2) Filing in Non -Bankruptcy Court. Promptly after filing the notice of removal, the party filing the notice shall file a copy of it with the clerk of the court from which the claim or cause of action is rit was removed.
(c) Effective Date of Removedal. Removal of the claim or cause of action is effected on such filing of a copy of the notice of removalbecomes effective when the notice is filed under (b)(2). The parties shallmust proceed no further in thate court unless and untilfrom which the claim or cause of action was removed, unless it is remanded.
(d) Remand After Removal. A motion forto remand of the removed claim or cause of action shall be governed by Rule 9014 and servedis governed by Rule 9014. The party filing the motion must serve a copy on theall parties to the removed claim or cause of action.
(e) Procedure After Removal.
(1) After removal of a claim or cause of action to a district courtBringing Proper Parties Before the Court. After removal, the district court -or, if the case under the Code has been referred to a bankruptcy judge of the district, the bankruptcy judge, bankruptcy judge to whom the bankruptcy case has been referred-may issue all necessary orders and process to bring before it all proper parties whether. It does not matter whether they were served by process issued by the court from which the claim or cause of action was removed, or otherwise.
(2) The district court or, if the case under the Code has been referred to a bankruptcy judge of the district, the bankruptcyRecords of Prior Proceedings. The judge, may require the party filing the notice of removal to file with the clerk copies of all records and proceedings relating to the claim or cause of action that were filed in the court from which the claim or cause of action was removed.
(3) Anyremoval occurred.
(3) Statement by a Party Other Than the Removing Party. A party who has filed a pleading in connection with theregarding a removed claim or cause of action, other than-except the party filing the notice of removal, shall-must:
(A) file a statement admitting or denying any allegation in the notice of removal that upon removal of the claim or cause of action the proceeding is core or non-core. If the statement alleges that the proceeding is non-core, it shall state that the party does or does not consent to the bankruptcy court’s entry of a final orders or judgment by the bankruptcy judge. A statement required by this paragraph shall be signed pursuant to Rule 9011 and shall be filed not later ;
(B) sign the statement under Rule 9011;
(C) file it withain 14 days after the filing of the notice of removal. Any party who files a statement pursuant to this paragraph shall is filed; and
(D) mail a copy to every other party to the removed claim or cause of action.
(f) Process After Removal. If one or more of theRegarding a Defendant After Removal. If a defendants has not been served with process, the-or service has not been perfected prior tocompleted before removal, or the process served proves to behas been proved defective, such-then process or service may be completed or new process issued pursuant to Part VII of these rules. This subdivision shall not deprive any defendant on whom process is served after removal of the defendant’s right to move to remand the case.
(g) Applicability of Part VII. The rules ofunder the Part VII rules. A defendant served after removal may move to remand the claim or cause of action.
(g) Applying Part VII Rules.
(1) In General. The Part VII rules apply to a claim or cause of action removed to a district court from a federal or state court, and they govern the procedure after removal. Repleading is not necessary unless the court so orders otherwise.
(2) Time to File an Answer. In a removed action in which the, a defendant that has not answered, the defendant shallpreviously done so must file an answer -or present the other defenses or objections available under the rules of Part VII within 21 days following the receipt throughPart VII rules. The defendant must do so within the longest of these periods:
(A) 21 days after receiving-by service or otherwise of -a copy of the initial pleading settingthat sets forth the claim for relief on which the action or proceeding is based, or within 21 days following the service of;
(B) 21 days after a summons on such initithe original pleading, or within was serven days following the filing ofd; or
(C) 7 days after the notice of removal, whichever period is longest.
(h) Record Supplied. Whenas filed.
(h) Clerk ’ s Failure to Supply Certified Records of Court Proceedings. If a party is entitled to copies of the records and proceedings in any civil action or proceeding in a federal or a state court, to be for used in the removed civil action or proceeding, and the clerk of the federal or stthe party may demand certified copies from thate court, on demand accompanied by payment’s clerk. After the party pays for them or tender ofs the lawful fees, fails to deliver certified copies, the court may, ofees, if the clerk fails to provide them, the court to which the action or proceeding is removed may-after receiving an affidavit recistating these facts, direct such-order that the record to be supplied by affidavit or otherwise. Thereupon court may then proceedings, to trial and judgment may be had in the court, an, and may award all process awarded, as if certified copies had been filed.
(i) Property Attachmented or Sequestrationered; Securities. When a claim or cause of action is removed to a district court, any; Injunction.
(1) Property aAttachmented or sSequestration of property in tered. The court from which thea claim or cause of action whas been removed shallmust hold theattached or sequestered 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 removedway it would have been held had there been no removal.
(2) Security. Allny bonds, undertakings, or security given by either party to the claim or cause of action prior to itsbefore the removal shall remains valid and effectual notwithstanding such removal.
(3) Injunction. Allny injunctions or order issued, orders entered and other proceedings had pri, before tohe removal shall remains in full force and effect until dissolved or modified by the court.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 29, 2002, eff. Dec. 1, 2002; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 28, 2016, eff. Dec. 1, 2016; Apr. 2, 2024, eff. Dec. 1, 2024.)