(a) Notice of Removal. Except as provided in section (e) below, a notice of removal required to be filed in the Western District of Washington pursuant to Fed. R. Bankr. P. 9027 shall be filed with the clerk of court of the Bankruptcy Court, and shall be accompanied by a filing fee as required for adversary proceedings.

(b) Motions to Remand;Further Pleadings. Any motion to remand shall be served and filed within 14 days of the notice of removal, and noted for hearing in accordance with Local Bankruptcy Rule 9013-1. Unless a motion for remand is filed, those parties who have not answered shall do so within 21 days of the notice of removal and all parties shall promptly reply to any cross- or counter-claims.

(c) Report of Proceedings. The removing party shall, within 21 days of the notice of removal, or, if a motion to remand is filed prior to the expiration of such 21-day period, 14 days after the entry of an order denying the motion to remand, file a report of the proceedings in the court from which the action was removed. The report shall list the operative pleadings, including the complaint, answer, and any other pleadings framing the issues to be decided (complaints, answers, etc., superseded by amended pleadings shall not be listed), any summary judgment or other orders which dispose of all or part of the action, and any pending unresolved motions which the parties intend to present to this court (and supporting and opposing pleadings). The following documents are to be attached to the report as separate exhibits (Local Bankruptcy Rule 9004-1(d) applies):

(1) a copy of the docket of the removed action;

(2) each identified pleading; and

(3) the certificate of service required by Local Rule W.D. Wash. CR 101(b).

(d) Supplementing the Report. Other parties may supplement the removing party’s report in the same format within 14 days of its filing. At any time during the pendency of the removed action, the court may require the parties to file additional pleadings from the proceedings in the court from which the action was removed.

(e) Cases Pending in District Court. Removal of a case that is pending in the U.S. District Court, W.D. Washington, shall be by filing a motion in the district court case requesting the district court to enforce the referral of the case to this bankruptcy court pursuant to Local Rules W.D. Wash. LCR 87. Enforcement of the referral shall be at the sole discretion of the district court.

Committee Comment

The addition of subsection (e) is necessitated by the decision in Stafford v. Suntrust Mortgage, Inc., et al., 13-01531-KAO (Bankr. W.D. Wash., January 14, 2014).