Rule 9027. Removal
(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 party filing the notice does or does not consent to entry
of final orders or judgment by the bankruptcy court, 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
127 FEDERAL RULES OF BANKRUPTCY PROCEDURE Rule 9027
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 that the party
does or does not consent to entry of final orders or judgment
by the bankruptcy court. 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.
Rule 9011. Signing of Papers; Representations to the Court; Sanctions;
Verification and Copies of Papers
(a) SIGNATURE. Every petition, pleading, written motion, and
other paper, except a list, schedule, or statement, or amendments
thereto, shall be signed by at least one attorney of record in the
attorney’s individual name. A party who is not represented by an
attorney shall sign all papers. Each paper shall state the signer’s
address and telephone number, if any. An unsigned paper shall be
stricken unless omission of the signature is corrected promptly
after being called to the attention of the attorney or party.
(b) REPRESENTATIONS TO THE COURT. By presenting to the court
(whether by signing, filing, submitting, or later advocating) a petition,
pleading, written motion, or other paper, an attorney or
unrepresented party is certifying that to the best of the person’s
knowledge, information, and belief, formed after an inquiry reasonable
under the circumstances,— 1
(1) it is not being presented for any improper purpose, such
as to harass or to cause unnecessary delay or needless increase
in the cost of litigation;
(2) the claims, defenses, and other legal contentions therein
are warranted by existing law or by a nonfrivolous argument
for the extension, modification, or reversal of existing law or
the establishment of new law;
(3) the allegations and other factual contentions have evidentiary
support or, if specifically so identified, are likely to
have evidentiary support after a reasonable opportunity for
further investigation or discovery; and
(4) the denials of factual contentions are warranted on the
evidence or, if specifically so identified, are reasonably based
on a lack of information or belief.
(c) SANCTIONS. If, after notice and a reasonable opportunity to
respond, the court determines that subdivision (b) has been violated,
the court may, subject to the conditions stated below, impose
an appropriate sanction upon the attorneys, law firms, or
parties that have violated subdivision (b) or are responsible for
the violation.
(1) How Initiated.
(A) By Motion. A motion for sanctions under this rule
shall be made separately from other motions or requests
and shall describe the specific conduct alleged to violate
subdivision (b). It shall be served as provided in Rule 7004.
The motion for sanctions may not be filed with or presented
to the court unless, within 21 days after service of
the motion (or such other period as the court may prescribe),
the challenged paper, claim, defense, contention,
allegation, or denial is not withdrawn or appropriately
corrected, except that this limitation shall not apply if the
conduct alleged is the filing of a petition in violation of
subdivision (b). If warranted, the court may award to the
party prevailing on the motion the reasonable expenses
and attorney’s fees incurred in presenting or opposing the
motion. Absent exceptional circumstances, a law firm
