Title 28 — Judiciary and Judicial Procedure
Part IV · Chapter 89 — District Courts; Removal of Cases from State Courts
§ 1452. Removal of claims related to bankruptcy cases
Statutory text
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.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 98–353 title I § 103(a) · 98 Stat. 333
Enacted · 28 U.S.C. § 1452
Added Pub. L. 98–353, title I, § 103(a), July 10, 1984, 98 Stat. 335
Source evidence
Code source credit
Added Pub. L. 98–353, title I, § 103(a), July 10, 1984, 98 Stat. 335Enacted provision · exact public law section
(a) Chapter 89 of title 28, United States Code, is amended by inserting at the end thereof the following new section: “§ 1452. Removal of claims related to bankruptcy cases “(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. Ante. p. 333. “(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.”.Federal Courts Study Committee Implementation Act of 1990
Pub. L. 101–650 title III § 309(c) · 104 Stat. 5089
Inserted · 28 U.S.C. § 1452(b)
Pub. L. 101–650 inserted before period at end “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”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 101–650 inserted before period at end “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”.Enacted provision · exact public law section
(c) Remand Determinations Under Title 28, United States Code.— The second sentence of section 1452(b) of title 28, United States Code, is amended by inserting the following before the period: “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”.
2 of 2 references resolved to an enrolled provision
Editorial Notes
Amendments
1990—Subsec. (b). Pub. L. 101–650 inserted before period at end “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”.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective , see section 122(a) of Pub. L. 98–353, set out as a note under section 151 of this title.
Credits
1984–1990 · 2 acts
- 1984Added Pub. L. 98–353, title I, § 103(a), , 98 Stat. 335
- 1990amended Pub. L. 101–650, title III, § 309(c), , 104 Stat. 5113.
Show as published
(Added Pub. L. 98–353, title I, § 103(a), , 98 Stat. 335; amended Pub. L. 101–650, title III, § 309(c), , 104 Stat. 5113.)