Contegra Construction Co. v. Sutphen (In re Advance Iron Works Inc.)

OPINION

LAURA K. GRANDY, Bankruptcy Judge.

The questions raised in this adversary proceeding are three-fold: (1) whether a debtor, who is not a party to state court litigation, may utilize the bankruptcy removal statute, 28 U.S.C. § 1452(a), to bring state court litigation before this Bankruptcy Court (the conduit court) (2) whether the conduit court, pursuant to 28 U.S.C. § 1412 and Bankruptcy Rule 7087, should transfer this adversary proceeding to a second Bankruptcy Court (the home court) in which the debtor’s bankruptcy case is pending; and (3) whether the conduit court should decide if the…