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IN RE ADVANCE IRON WORKS, INC.

Bankruptcy No. 12-45833. Adversary No. 13-03017.

495 B.R. 404 (2013)

In re ADVANCE IRON WORKS, INC., Debtor(s). Contegra Construction Company, LLC, Plaintiff(s), v. Robert V. Sutphen, Defendant(s).

United States Bankruptcy Court, S.D. Illinois.

May 22, 2013.

Attorney(s) appearing for the Case

Joel Owen Christensen , J. Talbot Sant, Jr. , Armstrong Teasdale, St. Louis, MO, Allan L. Napp , Schrempf, Kelly, Napp & Darr, Ltd., Alton, IL, Erica Wax , Ulmer & Berne, LLP, Chicago, IL, for Plaintiff.

J. William Knapp , Heather Lynn Mueller Jones , Knapp Ohl and Green, Edwardsville, IL, for Defendant.

OPINION

LAURA K. GRANDY, Bankruptcy Judge.

The questions raised in this adversary proceeding are three-fold: (1) whether a debtor, who is not a party to state court litigation, may utilize the bankruptcy removal statute, 28 U.S.C. § 1452(a), to bring state court litigation before this Bankruptcy Court (the conduit court) (2) whether the conduit court, pursuant to 28 U.S.C. § 1412 and Bankruptcy Rule 7087, should transfer this adversary proceeding...

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