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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)

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.

(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.

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.

  1. 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. 335

    Enacted 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.”.

  2. 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
  1. 1984Added Pub. L. 98–353, title I, § 103(a), , 98 Stat. 335
  2. 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.)

Parsed from the official OLRC USLM XML in data/usc_all/usc28.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t28/s1452