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28 U.S.C. § 1452Removal of claims related to bankruptcy cases

submitted 42 years ago by Pub. L. 98-353 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 156 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section governs removal of claims related to bankruptcy cases. It states when a claim may be removed and the procedure that applies.

(a) A party may remove any claim or cause of action in a civil action other than a proceeding before the United States Tax Court or a civil action by a governmental unit to enforce such governmental unit’s police or regulatory power, to the district court for the district where such civil action is pending, if such district court has jurisdiction of such claim or cause of action under section 1334 of this title. (b) The court to which such claim or cause of action is removed may remand such claim or cause of action on any equitable ground. An order entered under this subsection remanding a claim or cause of action, or a decision to not remand, is not reviewable by appeal or otherwise by the court of appeals under section 158(d), 1291, or 1292 of this title or by the Supreme Court of the United States under section 1254 of this title.
the actual law source: uscode.house.gov ↗public domain
(a)

A party may remove any claim or cause of action in a civil action other than a proceeding before the United States Tax Court or a civil action by a governmental unit to enforce such governmental unit’s police or regulatory power, to the district court for the district where such civil action is pending, if such district court has jurisdiction of such claim or cause of action under section 1334 of this title.

(b)

The court to which such claim or cause of action is removed may remand such claim or cause of action on any equitable ground. An order entered under this subsection remanding a claim or cause of action, or a decision to not remand, is not reviewable by appeal or otherwise by the court of appeals under section 158(d), 1291, or 1292 of this title or by the Supreme Court of the United States under section 1254 of this title.

Source credit: (Added Pub. L. 98–353, title I, § 103(a), July 10, 1984, 98 Stat. 335; amended Pub. L. 101–650, title III, § 309(c), Dec. 1, 1990, 104 Stat. 5113.)

history & why it existsrecord from the source credit
  • 1984Enacted · Pub. L. 98-353 · 98 Stat. 335
  • 1990Amended · Pub. L. 101-650 · 104 Stat. 5113

A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-353 on 1984-07-10.

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