You are here

Notice of Removal: Notice of Status Conference

9027-1(b):  Notice of Removal: Notice of Status Conference

Some parties are involved in litigation in other courts before the party files a petition to be a bankruptcy debtor; these include federal courts, superior courts, etc.

After the bankruptcy case is opened, parties to the litigation may wish to bring the lawsuit out of the other court and into the bankruptcy court, for the bankruptcy judge to continue the litigation -- This process is called "Removal." 

FRBP 9027 and LBR 9027-1 identify the procedure that must be followed when a party starts the process of "removing" the litigation to bankruptcy court.  Study these rules and follow them closely,

  1. The first step is to file a "Notice of Removal" -- the court does not have a form for this; HOWEVER, check your judge's webpage because some judges have a special form that must be filed. 
  2. Second, fill out a "Notice of Status Conference re Removal of Action" and lodge it with the court -- The court provides a form.  See link below.  
  3. Then, the court will fill in the date of the status conference in the "Notice of Status Conference re Removal of Action" and will docket the notice. 
  4. Next, the party who filed a Notice of Removal must download, from the court docket, the "Notice of Status Conference re Removal of Action" and serve it on all parties to the removed proceeding, and their attorneys.  
  5. LBR 9027-1 provides additional steps to take, including deadlines for filing documents and filing a response to the Notice of Removal.

There is no guarantee that the bankruptcy judge will agree to continue the litigation in bankruptcy court.  If not, the judge may send the litigation back where it came from -- That process is called "Remand."

If the court does not remand the proceeding. FRBP 7001(10) provides legal authority to apply adversary proceeding procedures of the Part VII Rules to determine the claim or cause of action that was removed.   

Section: 
Section 4 - Match Local Bankruptcy Rules with Forms
Section Number or LBR Number: 
9027-1(b)