Bankr. E.D.N.C.: Virginia Brands, L.L.C. v. Kingston Tobacco Company, Inc.- Removal of Matter only to the district court for the district where the civil action was pending

Summary: Virginia Brands brought suit against Kingston Tobacco originally in Virginia state court, but the matter was removed to the U.S. District Court for the Western District of Virginia. Following a Motion to pierce the corporate veil of Kingston Tobacco, Kingston filed a Chapter 7 bankruptcy and sought to have the matter removed to the Bankruptcy Court for the Eastern District of North Carolina. The bankruptcy court denied this motion to remove, holding that 11 U.S.C. § 1452 allows removal only “to the district court for the district where such civil action is pending.” The attempt to have the matter heard by the E.D.N.C. bankruptcy court was an impermissible “transfer”. For a copy of the opinion, please see: Virginia Brands, L.L.C. v. Kingston Tobacco Company, Inc.- Removal of Matter.pdf