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Notice Of Removal Form. This is a Arizona form and can be use in Bankruptcy Court Federal.
Tags: Notice Of Removal, Arizona Federal, Bankruptcy Court
Local Rule 9027-1 Form UNITED STATES BANKRUPTCY COURT DISTRICT OF ARIZONA In Re Chapter ____ Case No._________________ Debtor(s) Plaintiff(s) v. NOTICE OF REMOVAL Defendants(s) ___________________ (the “Movants”), as [plaintiffs] [defendants] in Arizona [Superior] [____________] Court (_____________ County) (the “[Superior] [_______________] Court”), Case No ____________ (the “Removed Case”), hereby remove the Removed Case to the United States Bankruptcy Court for the District of Arizona (the “Bankruptcy Court”). Entitlement to Removal. The Removed Case was commenced in the [Superior] [______________] Court on ___________________. On ________________, the _______________ commenced Chapter _______, Case No. ____________ (the “Bankruptcy Case”) in the Bankruptcy Court in the District of _________________. [ The date of the order for relief in the Bankruptcy Case was _________________.] [On ___________________, the Bankruptcy Judge entered an order which terminated the automatic stay imposed by § 362(a) of the Bankruptcy Code with respect to the Removed Case.] [The bankruptcy Case is a Chapter 11 case in which a trustee qualified on _______________.] American LegalNet, Inc. www.FormsWorkFlow.com The Removed case is a case related to the Bankruptcy Case. As such, the United States District Court for the District of Arizona (the “District Court”) has jurisdiction of the Removed Case pursuant to 28 U.S.C. § 1334(b). Therefore, pursuant to 28 U.S.C. § 1452(a), the Removed Case may be removed to the District Court. Pursuant to 28 U.S.C. § 157, the District Court may refer the Removed Case to the bankruptcy judges for the district. By its General Order 128, the District Court has referred to the bankruptcy judges for this district all cases under Title 11 and all proceedings under Title 11 or arising in or related to a case under Title 11. That includes the Removed Case. As permitted by Bankruptcy Rule 9027(a)(2), this Notice of Removal is being filed within [90 days after the order for relief in the Bankruptcy Case] [30 days after entry of the order terminating the automatic stay with respect to the Removed Case] [30 days after the trustee qualified in the Chapter 11 Bankruptcy Case and not later than 180 days after the order for relief in the Bankruptcy Case]. Core/Non-Core Status of Removed Case. The Removed Case [is a core proceeding within the meaning of 28 U.S.C. § 157(b)] [is not a core proceeding within the meaning of 28 U.S.C. § 157(b) but is instead a case which is otherwise related to a case under Title 11 within the meaning of 28 U.S.C. § 157©]. [Pursuant to 28 U.S.C. § 157(c)(2), the Movants [do] [do not] consent to the District Court’s referral of the Removed Case to the Bankruptcy court to hear and determine and to enter appropriate orders and judgments, subject to review under 28 U.S.C. § 158]. Pursuant to Bankruptcy Rule 9027 (a)(1), the Movants [do] [do not] consent to the entry of final orders of judgments by the bankruptcy judge. Process and Pleadings. This notice is accompanied by copies of all process, pleadings (as narrowly defined by F.R.Civ.P. Rule 7(a)) and minute entries and orders filed prior to removal, plus, if available, a copy of the docket for the removed case from the court where the removed case is pending. . Filing in Superior Court. Promptly after the filing hereof, the undersigned shall file a copy of this notice with the Clerk of the [Superior] [_______________] Court. DATED: ___________________________ __________________________________ Attorney for Movants American LegalNet, Inc. www.FormsWorkFlow.com