Bureau of Employment Services of Ohio v. Zellner (In Re Zellner)

MEMORANDUM AND ORDER GRANTING MOTION TO DISMISS APPLICATION FOR REMOVAL AND REMANDING CASE

WALTER J. KRASNIEWSKI, Bankruptcy Judge.

This matter is before the Court on the motion of the Plaintiff to dismiss Defendant’s application for removal and to remand the case to state court. The Court finding that Defendant’s application was not timely filed as required by Interim Rule 7004 and that, in any case, there are equitable grounds for remand under 28 U.S.C. Section 1478, the motion is well taken and should be granted.

Plaintiff filed its complaint seeking to recover amounts assertedly due under…