Removal Jurisdiction (Bankruptcy)

The right of a party to move a lawsuit filed in state court to federal district or bankruptcy court. An action may be removed under this provision only if it is subject to core or “related to” jurisdiction. A party may seek to remove a lawsuit pending at the time the bankruptcy was filed or a lawsuit that is commenced postpetition. Two types of causes of action are not removable under 28 U.S.C. § 1452: proceedings before the U.S. Tax Court; and civil actions by a governmental unit to enforce a police or regulatory power.

See 28 U.S.C. § 1452(a), 28 U.S.C. § 1334, Bankruptcy Code § 362(b)(4).

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