Amended Notice of Removal

Official Procedure - Last Updated: December 20, 2019ClosedAuthor: Demetrius Ross

References

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Adversary > Complaint & Summons
Event

Amended Notice of Removal
Rules / Code / Resources

Fed.R.Bankr.P.9027

11 U.S.C. ยง

Local Rule 9027-2

12/20/2019 - Created

Date Description

General Information

An Amended Notice of Removal should be filed to correct the caption, case number or the pdf.

 

All claims or causes of action removed to a bankruptcy court are to be handled as adversary proceedings. Fed R. Bankr.P. 7001(1)

 

Requirements

Please file an adversary proceeding cover sheet if any information is changing. Use Local From Adversary Proceeding Cover Sheet, Form G-16, available on our website, which has been made fillable for your convenience.

 

A summons will not be issued when a removal is filed.  Chambers will schedule a status hearing and send notice to all parties involved.

 

Copy of Record to be filed with Clerk

Within twenty days after filing the notice of removal, the petitioner shall file with the clerk a copy of all records and proceedings had in the state court.  File the record, using the Copy of Record event in the other category.

 

Step-by-Step Procedures:

  1. Select [Adversary> Complaint & Summons]

  2. Enter case number and click Next

  3. The following message will appear, click Next

WARNING: If you are filing an original complaint, please back up and select Open an AP case.

  1. Select Amended Notice of Removal from event pick list and click Next

  2. Select Party(s) from party pick list or Add/create new party, click Next

  3. The Attorney/Party Association screen may display.  If it does, click here.If not, click Next, and go to step 7

  4. The defendant page will display, select the party or group or Add/create new party, click Next


Please select the defendant(s) that is being served. Do not add the name of an attorney, trustee, office or agent to whom the summons was mailed. If you add a party, that party will be added as a defendant.

  1. The PDF Document selection page will display.

  2. Browse, View, and Attach, click Next

  3. Click box next to related adversary, click Next

  4. Click Next

    The Final Text screen will display.  This is your final opportunity to modify the entry before submitting the filing.

  5. Verify the accuracy of the docket text.    If not correctClosedclick adversary to start over/if correct

  6. Click Next to complete the filing process

The Notice of Electronic Filling will display. It serves as verification that the filing has been sent electronically to the court.

 

Copies of this notice and the document filed are emailed to all participants who receive electronic notification in the case. You have a period of 15 days for a one time free look at the documents.