Cambridge Co. v. Cotten (In Re Trafficwatch)

MEMORANDUM OPINION DENYING MOTION TO REMAND

C. HOUSTON ABEL, Chief Judge.

Trafficwatch, the debtor in this case, removed a state court proceeding to the wrong bankruptcy court, and the court must determine whether the removal to the wrong court raises a subject matter jurisdiction issue or a venue issue. One court of appeals issued a writ of mandamus to the bankruptcy court on the basis that the bankruptcy court lacked subject matter jurisdiction to hear a case that was removed to the wrong district. The Fifth Circuit, in contrast, has construed an analogous statute and held that the question…