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28 U.S.C. § 1452 — Removal of claims related to bankruptcy cases
Federal law — U.S. Code and appendices · legal_authorities
**(a)** A party may remove any claim or cause of action in a civil action other than a proceeding before the United States Tax Court or a civil action by a governmental unit to enforce such governmental unit’s police or regulatory power, to the district court for the district where such civil action is pending, if such district court has jurisdiction of such claim or cause of action under [section 1334 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1334&num=0&edition=prelim).
**(b)** The court to which such claim or cause of action is removed may remand such claim or cause of action on any equitable ground. An order entered under this subsection remanding a claim or cause of action, or a decision to not remand, is not reviewable by appeal or otherwise by the court of appeals under section 158(d), 1291, or 1292 of this title or by the Supreme Court of the United States under [section 1254 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1254&num=0&edition=prelim).
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Source file: Laws/federal/codes/united-states-code/title-28/section-1452-removal-of-claims-related-to-bankruptcy-cases--2a423bbd7a.md
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Source location: Title 28, Chapter 89, § 1452; chapter-089-district-courts-removal-of-cases-from-state-courts.md
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**(a)** A party may remove any claim or cause of action in a civil action other than a proceeding before the United States Tax Court or a civil action by a governmental unit to enforce such governmental unit’s police or regulatory power, to the district court for the district where such civil action is pending, if such district court has jurisdiction of such claim or cause of action under [section 1334 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1334&num=0&edition=prelim).
**(b)** The court to which such claim or cause of action is removed may remand such claim or cause of action on any equitable ground. An order entered under this subsection remanding a claim or cause of action, or a decision to not remand, is not reviewable by appeal or otherwise by the court of appeals under section 158(d), 1291, or 1292 of this title or by the Supreme Court of the United States under [section 1254 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1254&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
In each judicial district, the bankruptcy judges in regular active service shall constitute a unit of the district court to be known as the bankruptcy court for that district. Each bankruptcy judge, as a judicial officer of the district court, may exercise the authority conferred under this chapter with respect to any action, suit, or proceeding and may preside alone and hold a regular or special session of the court, except as otherwise provided by law or by rule or order of the district court.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 151
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Federal law — U.S. Code and appendices · legal_authorities
Cases in the courts of appeals may be reviewed by the Supreme Court by the following methods:
(1) By writ of certiorari granted upon the petition of any party to any civil or criminal case, before or after rendition of judgment or decree;
(2) By certification at any time by a court of appeals of any question of law in any civil or criminal case as to which instructions are desired, and upon such certification the Supreme Court may give binding instructions or require the entire record to be sent up for decision of the entire matter in controversy.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1254
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (b) of this section, the district courts shall have original and exclusive jurisdiction of all cases under title 11.
**(b)** Except as provided in subsection (e)(2), and notwithstanding any Act of Congress that confers exclusive jurisdiction on a court or courts other than the district courts, the district courts shall have original but not exclusive jurisdiction of all civil proceedings arising under title 11, or arising in or related to cases under title 11.
**(c)**
(1) Except with respect to a case under chapter 15 of title 11, nothing in this section prevents a district court in the interest of justice, or in the interest of comity with State courts or respect for State law, from abstaining from hearing a particular proceeding arising under title 11 or arising in or related to a case under title 11.
(2) Upon timely motion of a party in a proceeding based upon a State law claim or State law cause of action, related to a case under title 11 but not arising under title 11 or arising in a case under title 11, with respect to which an action could not have been commenced in a court of the United States absent jurisdiction under this section, the district court shall abstain from hearing such proceeding if an action is commenced, and can be timely adjudicated, in a State forum of appropriate jurisdiction.
**(d)** Any decision to abstain or not to abstain made under subsection (c) (other than a decision not to abstain in a proceeding described in subsection (c)(2)) is not reviewable by appeal or otherwise by the court of appeals under section 158(d), 1291, or 1292 of this title or by the Supreme Court of the United States under [section 1254 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-sec
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1334
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Federal law — U.S. Code and appendices · legal_authorities
Page 404
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 1450
HISTORICAL AND REVISION NOTES
1948 ACT
Based on title 28, U.S.C., 1940 ed., § 78 (Mar. 3, 1911, ch.
231, § 35, 36 Stat. 1098).
Changes were made in phraseology.
1949 ACT
This section corrects a typographical error by elimi-
nating from section 1449 of title 28, U.S.C., the words
‘‘any attachment or sequestration of the’’, which had
been inadvertently included, and inserting in lieu
thereof the words, ‘‘and the clerk of such State court,
upon’’.
Editorial Notes
AMENDMENTS
1949—Act May 24, 1949, substituted ‘‘and the clerk of
such State court, upon’’ for ‘‘any attachment or se-
questration of the’’.
§ 1450. Attachment or sequestration; securities
Whenever any action is removed from a State
court to a district court of the United States,
any attachment or sequestration of the goods or
estate of the defendant in such action in the
State court shall hold the goods or estate to an-
swer the final judgment or decree in the same
manner as they would have been held to answer
final judgment or decree had it been rendered by
the State court.
All bonds, undertakings, or security given by
either party in such action prior to its removal
shall
remain
valid
and
effectual
notwith-
standing such removal.
All injunctions, orders, and other proceedings
had in such action prior to its removal shall re-
main in full force and effect until dissolved or
modified by the district court.
(June 25, 1948, ch. 646, 62 Stat. 940.)
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., § 79 (Mar. 3, 1911, ch.
231, § 36, 36 Stat. 1098).
Changes were made in phraseology.
§ 1451. Definitions
For purposes of this chapter—
(1) The term ‘‘State court’’ includes the Supe-
rior Court of the District
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 1452
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