Berger v. Schuler (In Re Schuler)

ORDER

WILLIAM A. HILL, Bankruptcy Judge.

The Debtors, Defendants in a pending North Dakota Small Claims Court case, on January 10, 1985, filed with the Bankruptcy Court Application to remove the State Court case to Bankruptcy Court. The Debtors have cited 28 U.S.C. § 1478 as a basis for their right to remove to this Court.

Bankruptcy courts, prior to the enactment of the Bankruptcy Amendments and Federal Judgeship Act of 1984 (1984 Act), were separate courts with comprehensive jurisdiction vested in them by the 1978 Bankruptcy Act. The 1978 Act created a separate bankruptcy court for each…