- 11 U.S.C.
Premier Self Storage LLC v. Evans (In re Evans)
Mar
27
2009
Ruling
Severance and removal of state action did not violate stay where debtor's two prior cases within one-year period were dismissed.
Procedural posture
After its motion for relief from stay to proceed in state court was denied, plaintiff self storage company sued defendant debtor. After its motion to sever the state action was granted, the company filed a notice of removal. The debtor objected to the notice and moved for a remand. The company moved to extend the time for removal, or, alternatively, for an order that the notice of removal was timely filed. The court held a hearing.
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Court
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