Removal and Remand
Federal law allows the removal of civil actions from state court to federal district court if jurisdiction exists under 28 U.S.C. ยง1334 (the federal jurisdictional provision that creates a bankruptcy case). The petition for removal must be filed in the district court to which the matter is removed. Removal is to the federal district court for the jurisdiction in which the state court matter is pending, not to the district in which the bankruptcy case is pending. Consequently, if the bankruptcy case is in a different federal district, a motion for change of venue to that district may be filed after the matter is removed. Ordinarily, the removed matter would be automatically referred to a bankruptcy court. Local Rules may provide for automatic referral of removed actions from district to bankruptcy court, with a notice of removal being filed in bankruptcy court rather than district court.






