Rule 9014 — The party filing the motion must serve a copy on all parties to the removed claim or cause of action.

Fed. R. Bankr. P. 9014

• Source: Federal Rules of Bankruptcy Procedure
• Rule: 9014
• PART X: [ABROGATED]
• Citation: Fed. R. Bankr. P. 9014

Text

(e) PROCEDUREAFTERREMOVAL.
(1) Bringing Proper Parties Before the Court. After removal,
the district court—or the bankruptcy judge to whom the bank-
ruptcy case has been referred—may issue all necessary orders
and process to bring before it all proper parties. It does not
matter whether they were served by process issued by the
court from which the claim or cause of action was removed, or
otherwise.
(2) Records of Prior Proceedings. The judge may require the
party filing the notice of removal to file with the clerk copies
of all records and proceedings relating to the claim or cause
of action that were filed in the court from which the removal
occurred.
(3) Statement by a Party Other Than the Removing Party. A
party who has filed a pleading regarding a removed claim or
cause of action—except the party filing the notice of re-
moval—must:
(A) file a statement that the party does or does not con-
sent to the bankruptcy court’s entry of a final order or
judgment;
(B) sign the statement under Rule 9011;
(C) file it within 14 days after the notice of removal is
filed; and
(D) mail a copy to every other party to the removed
claim or cause of action.
(f) PROCESS REGARDING A DEFENDANT AFTER REMOVAL. If a de-
fendant has not been served—or service has not been completed
before removal or has been proved defective—then process or serv-
ice may be completed or new process issued under the Part VII
rules. A defendant served after removal may move to remand the
claim or cause of action.
(g) APPLYINGPARTVII RULES.
(1) In General. The Part VII rules apply to a claim or cause
of action removed to a district court from a federal or state
court, and they govern the procedure after removal. Replead-
ing is not necessary unless the court orders otherwise.
(2) Time to File an Answer. In a removed action, a defendant
that has not previously done so must file an answer—or
present other defenses or objections available under the Part
VII rules. The defendant must do so within the longest of
these periods:
(A) 21 days after receiving—by service or otherwise—a
copy of the initial pleading that sets forth the claim for
relief;
(B) 21 days after a summons on the original pleading was
served; or
(C) 7 days after the notice of removal was filed.
(h) CLERK’S FAILURE TO SUPPLY CERTIFIED RECORDS OF COURT
PROCEEDINGS. If a party is entitled to copies of the records and
proceedings in a civil action or proceeding in a federal or state

court for use in the removed action or proceeding, the party may
demand certified copies from that court’s clerk. After the party
pays for them or tenders the fees, if the clerk fails to provide
them, the court to which the action or proceeding is removed
may—after receiving an affidavit stating these facts—order that
the record be supplied by affidavit or otherwise. The court may
then proceed to trial and judgment, and may award all process, as
if certified copies had been filed.
(i) PROPERTY ATTACHED OR SEQUESTERED; SECURITY; INJUNCTION.
(1) Property Attached or Sequestered. The court from which a
claim or cause of action has been removed must hold attached
or sequestered property to answer the final judgment or decree
in the same way it would have been held had there been no re-
moval.
(2) Security. Any bond, undertaking, or security given by ei-
ther party before the removal remains valid.
(3) Injunction. Any injunction or order issued, or other pro-
ceeding had, before the removal remains in effect until dis-
solved or modified by the court.

Advisory Committee Notes

(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 29, 2002, eff. Dec. 1, 2002; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 28, 2016, eff. Dec. 1, 2016; Apr. 2, 2024, eff. Dec. 1, 2024.)