THINGS REMEMBERED, INC. v. PETRARCA

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Case Basics
Docket No. 
94-1530
Petitioner 
Things Remembered, Inc.
Respondent 
Petrarca
Advocates
(Argued the cause for the petitioner)
(Argued the cause for the respondent)
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Term:
Facts of the Case 

Anthony Petrarca commenced an action in Ohio state court to collect rent allegedly owed by Child World, Inc. under two commercial leases and to enforce Cole National Corporation's guarantee of Child World's performance under the leases. After Child World filed a Chapter 11 bankruptcy petition, Cole's successor in interest, Things Remembered, Inc., removed the action to federal court under the bankruptcy removal statute and the general federal removal statute. The Bankruptcy Court held that the removal was timely and proper and that it had jurisdiction. The District Court reversed and remanded the case to state court, holding that the removal was untimely and that the Bankruptcy Court lacked jurisdiction. The Court of Appeals dismissed Things Remembered's appeal for lack of jurisdiction.

Question 

May a federal court of appeals review a district court order remanding a bankruptcy case to state court on grounds of untimely removal?

Conclusion 
Decision: 9 votes for Petrarca, 0 vote(s) against
Legal provision: 28 U.S.C. 1447

No. In a unanimous opinion delivered by Justice Clarence Thomas, the Court held that if an order remands a removed bankruptcy case to state court because of a timely raised defect in removal procedure or lack of subject-matter jurisdiction, a court of appeals lacks jurisdiction to review the order under the provisions of the general federal removal statute. The Court reasoned that the general removal statute bars appellate review of any order remanding a case to the State court from which it was removed so that only remands based on the grounds recognized by the statute, such as a timely raised defect in removal procedure or lack of subject-matter jurisdiction, are immune from review under the statute.

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THINGS REMEMBERED, INC. v. PETRARCA. The Oyez Project at IIT Chicago-Kent College of Law. 10 September 2014. <http://www.oyez.org/cases/1990-1999/1995/1995_94_1530>.
THINGS REMEMBERED, INC. v. PETRARCA, The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/1990-1999/1995/1995_94_1530 (last visited September 10, 2014).
"THINGS REMEMBERED, INC. v. PETRARCA," The Oyez Project at IIT Chicago-Kent College of Law, accessed September 10, 2014, http://www.oyez.org/cases/1990-1999/1995/1995_94_1530.