How To ProcessOverviewUpdated: Wednesday, January 31, 2024Overview: A Motion to Remand is filed to request to return jurisdiction of a case removed to the bankruptcy court back to the court from which it was removed. Motions to remand a case back to state court for any defect, other than lack of subject matter jurisdiction, must be made within 30 days after the filing of the notice of removal. Forms/RulesRules/Code Sections: FRBP 9014FRBP 902728 U.S.C. § 145228 U.S.C. § 1441(a)28 U.S.C.§ 1447(c) Filing RequirementsFiling Requirements: Document in basic captioned format Certificate of Service Notice of Hearing DocketDocket: Ensure Filing Requirements are met Select Adversary Select Motions Enter adversary proceeding number (xx-xxxx) Click Next Select the party filer Click Next If the party is not listed Use Add/Create New Party Click Next If you see the message: IMPORTANT: The following attorney/party association(s) will be created in this case. De-selecting a party association will result in the filing attorney NOT receiving Notices of Electronic Filing for that party. If this is a joint filing, review the list carefully to ensure that only parties represented by the filing attorney are selected. Remove the check mark from any party not represented by the filing attorney Click Next Select Remand, Motion to Click Next Answer the question: Does this motion include a completed notice of hearing? Browse to select the document to be filed (PDF) Click Next Refer to existing event(s), if applicable Leave Response Due Date Insert hearing information, if applicable (if hearing not included, click Next) Click the clock icon to select Hearing Time Click the calendar icon to select Hearing Date Click the drop-down menu to select Location Click Next If referring to an existing event Select the category to which your event relates Click Next Select the appropriate event(s) to which your event relates Click Next Modify the docket text by using the drop-down and free text boxes to enter additional information, if necessary Verify docket text Click Next ‹ Motion for Voluntary Dismissal of Adversary up Motion to Reopen Adversary Proceeding ›
