Notice of Removal

Official Procedure - Last Updated: January 18, 2019Author: Demetrius Ross

References

CM/ECF Menu	Adversary > Open an AP Case
Event	None
Rules / Code / Resources	Fed.R.Bankr.P. 9027 11 U.S.C. § Local Rule 9027-2

General Information

A Notice of Removal in bankruptcy is the transfer of an existing claims or causes of action in civil actions pending in a state court or another federal court to the Bankruptcy Court. The parties remain in the same roles they have in the civil case.

 

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

The party filing a Notice of Removal in an adversary proceeding must file an Adversary Proceeding Cover Sheet Form B1040, with the adversary complaint. Use Local From Adversary Proceeding Cover Sheet, Form G-16, available on our website, which has been made fillable for your convenience.

The filing fee for the Notice of Removal is the same as the filing fee for an adversary proceeding. Refer to Schedule of Fees for Filing Fee requirements.

 

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>Open an AP Case]

The Case Data page will appear displaying the following fields;

1. 1. • Case type - defaults to ap which stands for adversary proceeding

      • Date filed - defaults to the current day

      • Complaint - change to N for No

2. Click Next

3. Enter the related bankruptcy case number if there is a related bankruptcy case or leave the Lead Case Number field blank if there is not a related bankruptcy case.

4. Select Adversary for Association Type

5. Click Next

You will received the following warning if the Lead case number field was left blank;

6. Click OK to continue

The next page allows you to select the Divisional Office.

7. Click the down arrow to select Chicago or Rockford

8. Click Next

The Search for a Plaintiff page will display.  The plaintiff is selected/added from this page.  

9. Complete one of the following fields to search our database to determine if a record exist the plaintiff.  

6. • 1. • Social Security Number

        • Tax Identification Number

        • Last/Business name

        • First Name

   • Click Search

The Search Results page will display. You will either make a selection from the from the Party search results box if an exact name match or click the Create new party button if no match is found.

Exact name match	Create new party
All records matching will appear in the Party Search results box. Scroll the list until you located an exact name match. Click on name  Click the Select name from list button	Create new party

 

The Plaintiff Information page will display.  

1. •  If the screen reflects any address information for the party, delete all address information.  

   • If the record appears without any address information, do not add an address

10. Make a selection from Role in Bankruptcy Case field

    • Click the Attorney button to add attorney for plaintiff

    • Click Submit

Note:  You will receive warning boxes indicating address fields are blank.  Click OK to bypass each warning box and do not add any address information.

The Search for a plaintiff page will display again.  If additional plaintiff need to be added, repeat steps 9 - 10.  

11. Click End plaintiff selection button after all plaintiff's have been added

The Search for a defendant page will display.

12. Repeat Steps 9 - 10 to add defendant(s)

Note: Click attorney button to add an attorney for the defendant.  

13. Click End defendant selection button after all defendants and attorney have been added

The Statistical page will appear.

14.  Complete the fields as follows;

    1. • Party code - Unless the United States (US) is a plaintiff or defendant, accept the default US not a Party

       • Rule 23 (class action)

       • • select n for no or y for yes

    1. • Jury demand

       • • select Both, Defendant, None or Plaintiff

       • Demand ($000) - If there is a dollar demand, enter the amount in thousands to the nearest thousand.  For example, if the dollar amount is 10,000, enter 10.  This field is limited to 11 characters.

       • State law - select;

       • • n for no

         • u for unknown

         • y for yes

       • Primary nature of suit - Select nature of suit

Note:  You are able to select up to 5 nature of suits.

15. Click Next after the page has been completed

The next page contains questions related to the filing fee.

Fee Deferred;

This question should only be answered by trustees.  Enter;  

11. • y for yes if you are seeking to have the filing fee deferred

    • n for no if you are paying the filing

Fee Not Required;

This question should be answered by attorneys. Enter;

11. • y for yes

    • n for no

16. Click Next

17. Select Notice of Removal from  the pick list

18. Click Next

The PDF Document selection page will display.

19. Click Browse button and navigate to locate the appropriate document/file

• View file Highlight filename
  Right click on filename
  Select Open
  Review document
  Close window to confirm the correct file is being selected

• Click Open and the filename will appear in the browse window

11. • Click Next

A page displaying the fee amount will display or a blank page will display.

20. Click Next

The Modify Text Editing page will display.  Click the down arrow to select a prefix if applicable.

21. Click Next

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

22. Verify the accuracy of the docket text.  If not correct/ if correct

15. • Click Next to submit filing

 

Pay Window

The Payment window will display if you answered N for no to the fee question or if you left the fields blank.  You have the option to:

15. • Pay Now

    • Continue Filing

Select one of the two options

 

The Notice of Electronic Filing will display.  It is the 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 document filed.