PRIA, Government Policy, Made Personal

Summary

A person or group in a civil lawsuit can move the case into the federal district court where it is filed if that court can hear bankruptcy matters under section 1334. This does not apply to cases in the U.S. Tax Court or when a government sues to use its police or regulatory powers. The district court may send the case back for fair reasons. A decision to send it back, or to keep it, cannot be appealed to the court of appeals under sections 158(d), 1291, or 1292, or to the Supreme Court under section 1254.

Title 28, §1452

Judiciary and Judicial Procedure, Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

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”.

Statutory Notes and Related Subsidiaries

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.

§1452 Removal of Claims Related to Bankruptcy Cases