Fed. R. Bankr. P. 9027

(a) NOTICE OF REMOVAL.

(1) Where Filed; Form and Content. A notice of removal must

be filed with the clerk for the district and division where the

state or federal civil action is pending. The notice must be

signed under Rule 9011 and must:

(A) contain a short and plain statement of the facts that

entitle the party to remove;

(B) contain a statement that the party filing the notice

does or does not consent to the bankruptcy court’s entry

of a final judgment or order; and

(C) be accompanied by a copy of all process and pleadings.

(2) Time to File 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 bankruptcy case is commenced,

the notice of removal must be filed within the longest of these

periods:

(A) 90 days after the order for relief in the bankruptcy

case;

(B) if the claim or cause of action has been stayed under

§ 362, 30 days after an order terminating the stay is entered; or

(C) in a Chapter 11 case, 30 days after a trustee qualifies—but no later than 180 days after the order for relief.

(3) Time to File When the Claim Is Filed After the Bankruptcy

Case Was Commenced. If a claim or cause of action is asserted

in another court after the bankruptcy case was commenced, a

party filing a notice of removal must do so within the shorter

of these periods:

(A) 30 days after receiving (by service or otherwise) the

initial pleading setting forth the claim or cause of action

sought to be removed; or

(B) 30 days after receiving the summons if the initial

pleading has been filed but not served with the summons.

(b) NOTICE TO OTHER PARTIES AND TO THE COURT FROM WHICH THE

CLAIM WAS REMOVED. A party filing a notice of removal must

promptly:

(1) serve a copy on all other parties to the removed claim or

cause of action; and

(2) file a copy with the clerk of the court from which it was

removed.

(c) E FFECTIVE DATE OF REMOVAL. Removal becomes effective

when the notice is filed under (b)(2). The parties must proceed no

139 Rule 9027 FEDERAL RULES OF BANKRUPTCY PROCEDURE

further in the court from which the claim or cause of action was

removed, unless it is remanded.

(d) REMAND AFTER REMOVAL. A motion to remand is governed by

Rule 9014. The party filing the motion must serve a copy on all

parties to the removed claim or cause of action.

(e) PROCEDURE AFTER REMOVAL.

(1) Bringing Proper Parties Before the Court. After removal,

the district court—or the bankruptcy judge to whom the bankruptcy case has been referred—may issue all necessary orders

and process to bring before it all proper parties. 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) Records 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 removal

occurred.

(3) Statement by a Party Other Than the Removing Party. A

party who has filed a pleading regarding a removed claim or

cause of action—except the party filing the notice of removal—must:

(A) file a statement that the party does or does not consent to the bankruptcy court’s entry of a final order or

judgment;

(B) sign the statement under Rule 9011;

(C) file it within 14 days after the notice of removal is

filed; and

(D) mail a copy to every other party to the removed

claim or cause of action.

(f) P ROCESS REGARDING A DEFENDANT AFTER REMOVAL. If a defendant has not been served—or service has not been completed

before removal or has been proved defective—then process or service may be completed or new process issued under 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. Replead-

ing is not necessary unless the court orders otherwise.

(2) Time to File an Answer. In a removed action, a defendant

that has not previously done so must file an answer—or

present other defenses or objections available under the Part

VII rules. The defendant must do so within the longest of

these periods:

(A) 21 days after receiving—by service or otherwise—a

copy of the initial pleading that sets forth the claim for

relief;

(B) 21 days after a summons on the original pleading was

served; or

(C) 7 days after the notice of removal was filed.

(h) C LERK’S FAILURE TO SUPPLY CERTIFIED RECORDS OF COURT

PROCEEDINGS. If a party is entitled to copies of the records and

proceedings in a civil action or proceeding in a federal or state

140 Rule 9028 FEDERAL RULES OF BANKRUPTCY PROCEDURE

court for use in the removed action or proceeding, the party may

demand certified copies from that court’s clerk. After the party

pays for them or tenders the fees, if the clerk fails to provide

them, the court to which the action or proceeding is removed

may—after receiving an affidavit stating these facts—order that

the record be supplied by affidavit or otherwise. The court may

then proceed to trial and judgment, and may award all process, as

if certified copies had been filed.

(i) PROPERTY ATTACHED OR SEQUESTERED; SECURITY; INJUNCTION.

(1) Property Attached or Sequestered. The court from which a

claim or cause of action has been removed must hold attached

or sequestered property to answer the final judgment or decree

in the same way it would have been held had there been no removal.

(2) Security. Any bond, undertaking, or security given by either party before the removal remains valid.

(3) Injunction. Any injunction or order issued, or other proceeding had, before the removal remains in 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.)