Title 28 — Judiciary and Judicial ProcedureRelease 119-73not60

§1452 Removal of Claims Related to Bankruptcy Cases

Title 28 › Part IV— JURISDICTION AND VENUE › Chapter 89— DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS › § 1452

Last updated Apr 5, 2026|Official source

Summary

A party can move civil claims (except Tax Court or government enforcement suits) to the district court where filed if that court has power under section 1334. If that court returns the claim for fair reasons, that decision is not reviewable under sections 158(d), 1291-1292, or 1254.

Full Legal Text

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.

Legislative History

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.

Reference

Citations & Metadata

Citation

28 U.S.C. § 1452

Title 28 — Judiciary and Judicial Procedure

Last Updated

Apr 5, 2026

Release point: 119-73not60