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B-9027-1. REMOVAL

(a)      Claim or Cause of Action Filed or Pending in a State Court Within the Jurisdiction of the Southern District of Indiana 

(1)     If the bankruptcy case is filed or pending in the Southern District of Indiana, removal is accomplished by filing a notice of removal as an adversary proceeding in the bankruptcy case.

(2)     If the bankruptcy case is filed or pending in another jurisdiction, the party requesting the removal shall contact the Clerk of the Bankruptcy Court to open a miscellaneous proceeding. Upon the filing with the Bankruptcy Court, a copy of the notice of removal should be filed in the state court where the matter is pending.

(b)      Claim or Cause of Action Filed or Pending in the District Court for the Southern District of Indiana and the Bankruptcy Case Is Pending in This District

A motion to refer the matter to the Bankruptcy Court may be filed with the District Court.

(c)      Court Review of Removal

The Bankruptcy Court may set a hearing, upon notice to the parties, to determine the propriety of the removal and whether the Court should abstain or remand.

(d)      Deadline to File Motion for Remand

motion for remand of a claim or cause of action removed to the bankruptcy court, other than one based upon the lack of subject matter jurisdiction, shall be filed within 30 days after the filing of the notice of removal and shall be served upon all parties to the removed action.