In re: Malcolm Curtis and Judith Curtis
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
LAFFERTY, Bankruptcy Judge:
In this case, the bankruptcy court granted Appellee’s motion to strike a notice of removal attempting to transfer a lawsuit pending in the U.S. District Court for the Eastern District of New York to the Bankruptcy Court for the Central District of California.
This appeal presents the question whether 28 U.S.C. § 1452 authorizes removal of a case from a federal district court to a bankruptcy court. We conclude it does not, based on the plain language of the statute. More fundamentally, we conclude that to interpret the statute otherwise would unconstitutionally…
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