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Article: Removal of District Court Actions to Bankruptcy Court May be Improper
- Article from:
- American Bankruptcy Institute Journal
- Article date:
- December 1, 2003
- Author:
CopyrightCopyright American Bankruptcy Institute Dec 2003/Jan 2004. Provided by ProQuest LLC. (Hide copyright information)
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Bankruptcy attorneys sometimes find themselves in the unique position of determining how to effect transfer of a pending federal district court action to bankruptcy court. Some may consider removing the action. Indeed, they may argue that on its face, §1452(a) of Title 28, which authorizes removal of actions related to a bankruptcy case, can be construed to apply to district court actions. A close examination of applicable law, however, renders this interpretation questionable. For instance, because a bankruptcy court technically constitutes a "unit" of a district court, removal of a district court action to bankruptcy court seems to produce the apparent absurdity of removing a case from ...