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§ 1452(a)

Charmoli, In re--Jackson Fam. Dentistry, LLC v. Major Dental Partners, LLC

Aug
11
2023
Ruling
Defendants were not entitled to remand or for the bankruptcy court to abstain from hearingclaims related to breach of a promissory note and enforcement of a security interest. (Bankr.E.D. Wis.)
Issue(s)
Removal of Claims Related to Bankruptcy Cases; To District Court.

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:
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on August 11, 2023 , LexisNexis #1023-022
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Leed Corp., In re--Leed Corp. v. Lincoln Cnty.

Jul
20
2023
Ruling
County's request to remand to state court a suit to enforce its zoning and subdivisionordinances against debtor granted as it fell within an express exception to the removal statutefor suits. (Bankr. D. Idaho)
Issue(s)
Removal of Claims Related to Bankruptcy Cases; To District Court.

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Commercial opinion summary, case decided on July 20, 2023 , LexisNexis #0923-073
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Campbellton-Graceville Hosp. Corp., In re--Glade v. Carbonell

Jul
29
2022
Ruling
Creditors were entitled to remand of their state court proceedings where trustee's untimelyremoval was inapplicable. (Bankr. N.D. Fla.)
Issue(s)
Removal of Claims Related to Bankruptcy Cases; To District Court.

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Commercial opinion summary, case decided on July 29, 2022 , LexisNexis #0922-074
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Thomason, In re--Thomason v. LSF10 Master Participation Trust

Jul
13
2022
Ruling
Bankruptcy court recommended that state court cases removed to the bankruptcy court beremanded as the only issues concerned state foreclosure and eviction law. (Bankr. D. Idaho)
Issue(s)
Removal of Claims Related to Bankruptcy Cases; To District Court.

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Consumer opinion summary, case decided on July 13, 2022 , LexisNexis #1122-023
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Citibank N.A. v. Cowart (In re Cowart)

Oct
29
2015
Ruling
State law unlawful detainer and quiet title actions remanded to state court.
Issue(s)
Should removed proceedings for unlawful detainer and quiet title under state law be remanded to state court?

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Consumer opinion summary, case decided on October 29, 2015 , LexisNexis #1115-137
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BKDean Props. LLC v. Royal Bank Am. (In re Croatan Surf Club LLC)

Aug
10
2011
Ruling
Debtor LLC could not remove cases filed by creditor in state court against guarantors of LLC's construction financing.
Procedural posture

Plaintiff bank filed multiple actions in the Court of Common Pleas for Montgomery County, Pennsylvania, seeking order which required defendant guarantors to pay a debt that was owed by an LLC that declared chapter 11 bankruptcy. The LLC removed the cases to the bankruptcy court, pursuant to 28 U.S.C.S. § 1452(a), the bank filed motions to strike the LLC's notices of removal or, in the alternative, to remand the cases to state court.

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Commercial opinion summary, case decided on August 10, 2011 , LexisNexis #0112-101
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City of Ann Arbor Employees Ret. Sys. v. Citigroup Mortg. Loan Trust Inc.

Aug
11
2008
Ruling
Securities claims had conceivable effect on debtor's bankruptcy and were properly removed.
Procedural posture

Plaintiff retirement system and investors brought a class action against defendant mortgage loan trusts in state court, alleging violations of 15 U.S.C.S. §§ 77k and 77o. The matter was removed to federal district court. The retirement system and investors moved to remand on the ground that 15 U.S.C.S. § 77v(a) prohibited removal of cases brought under the Securities Act of 1933.

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Commercial opinion summary, case decided on August 11, 2008 , LexisNexis #0908-061
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City & County of San Francisco v. PG&E Corp.

Jan
10
2006
Ruling
State unfair practices actions seeking restitution constituted police or regulatory power actions that could not be removed to bankruptcy court.
Procedural posture

Plaintiff governmental entities sued defendant corporation and its utility company in state court seeking restitution to third parties under Cal. Bus. & Prof. Code section 17200 of the California Unfair Practices Act. The actions were removed to bankruptcy court. The bankruptcy court ruled the section 17200 actions for restitution were not removable. The U.S. district court held otherwise. The entities appealed.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on January 10, 2006 , LexisNexis #0106-127
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