28 U.S.C. § 1452
Section 1452 · Removal of claims related to bankruptcy cases
Amended 2 times on record
The circuits are split over this section — Whether 28 U.S.C. § 1452(b) precludes appellate review only of bankruptcy remand orders decided on equitable rather than jurisdictional grounds
Applied in 1,102 court decisions — leading case Things Remembered, Inc. v. Petrarca (1995)
Most recently applied in New London v. Speer (August 2024)
Applied most in the Third Circuit Circuit (37 decisions)
Cases citing this section usually also cite 28 U.S.C. § 1334 · 28 U.S.C. § 157 · 11 U.S.C. § 362
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) A party may remove any claim or cause of action in a civil action other than a proceeding before the United States Tax Court or a civil action by a governmental unit to enforce such governmental unit's police or regulatory power, to the district court for the district where such civil action is pending, if such district court has jurisdiction of such claim or cause of action under section 1334 of this title.
(b) The court to which such claim or cause of action is removed may remand such claim or cause of action on any equitable ground. An order entered under this subsection remanding a claim or cause of action, or a decision to not remand, is not reviewable by appeal or otherwise by the court of appeals under section 158(d), 1291, or 1292 of this title or by the Supreme Court of the United States under section 1254 of this title.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
1990—Subsec. (b). Pub. L. 101–650 inserted before period at end “by the court of appeals under section 158(d), 1291, or 1292 of this title or by the Supreme Court of the United States under section 1254 of this title”.
Effective Date
Section effective July 10, 1984, see section 122(a) of Pub. L. 98–353, set out as a note under section 151 of this title.