(a) Abstention.
A motion to abstain is filed with the Clerk of the Bankruptcy Court.
(b) Removal.
(1) A party removing a civil action to the bankruptcy court must comply with FRBP 9027 and must
(i) list all names and addresses of the parties, (ii) designate on which parties service of process
has been accomplished, and (iii) list the name, address, and telephone number of the counsel for
every party. A notice of removal grounded on any other federal provision (e.g., diversity of
citizenship) shall be filed with the Clerk of the District Court.
(2) The notice of removal must be accompanied by copies of all papers that have been filed in the
court from which the case is removed.
(3) Removals under 28 U.S.C. § 1452 must contain this caption:
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE WESTERN DISTRICT OF TEXAS
_________ DIVISION
(4) If, pursuant to FRBP 9027(a)(1), a notice of removal states that upon removal of the claim or
cause of action the proceeding or any part of it is core, the notice shall also state that the
party removing the proceeding does or does not consent to the entry of final orders or judgment by
the bankruptcy judge if it is determined that the bankruptcy judge, absent consent of the parties,
cannot enter final orders or judgment consistent with Article III of the United States Constitution.
(5) If a statement is filed pursuant to FRBP 9027(e)(3) by a party who filed a pleading in
connection with a removed claim or cause of action, other than the party filing the notice of
removal, stating that the proceeding or any part of it is non-core, the party shall also state that
the party does or does not consent to the entry of final orders or judgment by the bankruptcy judge.
(c) Motion for Remand. Unless the Court orders otherwise, any motion for remand must be filed no
later than 30 days after the date of filing of the notice of removal.
L. Rule 9019-1. COMPROMISE | LOCAL COURT RULES INDEX | L. Rule 9033-1. PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW |