Girlsongs v. Nine F, Inc. et al

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
GOLAM H. KOWKABI and KAREN
W. KOWKABI,
Debtors.
____________________________
GIRLSONGS, et al.,
Plaintiffs,
v.
NINE F, INC., et al.,
Defendants.
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Case No. 03-01556
(Chapter 11)
Adversary Proceeding No.
05-10021
DECISION RE INEFFECTIVENESS OF NOTICE OF REMOVAL
The debtor Gholam Hossein Kowkabi Notice of Removed Action
purporting to treat this matter, pending as Girlsongs, et al. v.
Nine F, Inc., et al., Civil Action No. 05-00155 (EGS) in the
United States District Court for the District of Columbia, as
removed to this court pursuant to a notice of removal filed in
the district court. The notice of removal was a nullity. See
In re The Academy, Inc., 288 B.R. 286 (Bankr. M.D. Fla. 2002)
(action already pending in federal district court cannot be
The decision below is signed as a decision of
the court.
Signed: July 06, 2005.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 05-10021 Doc 6 Filed 07/06/05 Entered 07/06/05 11:12:35 Desc Main
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"removed" to the bankruptcy court by the filing of a notice of
removal; it must be "referred" to bankruptcy court by the
district court); Sharp Electronics Corp. v. Deutsche Fin'l
Servs. Corp., 222 B.R. 259 (Bankr. D. Md. 1998) (same); Mitchell
v. Fukuoka Daiei Hawks Baseball Club (In re Mitchell), 206 B.R.
204 (Bankr. C.D. Cal. 1997) (same); In re Croley, 121 B.R. 412
(Bankr. D.D.C. 1990) (same). Accordingly, the court will treat
the Notice of Removed Action as ineffective and close this
adversary proceeding. An order follows.
[Signed above.]
Copies to:
Office of the United States Trustee; all counsel of record;
Honorable Emmet G. Sullivan.
Case 05-10021 Doc 6 Filed 07/06/05 Entered 07/06/05 11:12:35 Desc Main
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