Removal of claims related to bankruptcy cases

1. Law
2. USC 28
3. Judiciary And Judicial Procedure
4. JURISDICTION AND VENUE
5. DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS
6. Removal of claims related to bankruptcy cases

§1452. Removal of claims related to bankruptcy cases

(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.

(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 .)

Amendments

1990-Subsec. (b). Pub. L. 101–650 inserted before period at end "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".

Effective Date

Section effective July 10, 1984, see section 122(a) of Pub. L. 98–353, set out as a note under section 151 of this title.

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