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TJ, Esq.
TJ, Esq., Attorney
Category: Criminal Law
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Experience:  JD, MBA
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Can a co- defendant of a defendant who filed bankruptcy, do

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Can a co- defendant of a defendant who filed bankruptcy, do a removal
under 28 USC 1452 if other jurisdictional criteria is met.
Hello and thank you for allowing me the opportunity to assist you.

Possibly. The co-defendant can ask the district court to accept jurisdiction. The court can refuse, however, if the lawsuit would be better decided in state court. If your concern is that the co-defendant asked for removal rather than the party that filed for bankruptcy, then I don't think that itself is an issue. The law says "a party," it does not say "the party that filed for bankruptcy." So I think any party to the lawsuit could theoretically ask for removal.

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