Things Remembered, Inc. v. Petrarca, 516 U.S. 124, 2 (1995)

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Cite as: 516 U. S. 124 (1995)

Opinion of the Court

though § 1452(b) expressly precludes review of certain remand decisions in bankruptcy cases, there is no reason §§ 1447(d) and 1452 cannot comfortably coexist in the bankruptcy context. The court must, therefore, give effect to both. Pp. 127-129. 65 F. 3d 169, affirmed.

Thomas, J., delivered the opinion for a unanimous Court. Kennedy, J., filed a concurring opinion, in which Ginsburg, J., joined, post, p. 129. Ginsburg, J., filed a concurring opinion, in which Stevens, J., joined, post, p. 131.

Steven D. Cundra argued the cause for petitioner. With him on the briefs were Patricia L. Taylor, Dean D. Gamin, and Mark A. Gamin.

John C. Weisensell argued the cause for respondent. With him on the brief were Andrew R. Duff and Jack Morrison, Jr.*

Justice Thomas delivered the opinion of the Court.

We decide in this case whether a federal court of appeals may review a district court order remanding a bankruptcy case to state court on grounds of untimely removal.

I

Respondent commenced this action in March 1992 by filing a four-count complaint against Child World, Inc., and Cole National Corporation in the Court of Common Pleas in Summit County, Ohio. The state action charged Child World with failure to pay rent under two commercial leases. The complaint also sought to enforce Cole's guarantee of Child World's performance under the leases. Petitioner is Cole's successor in interest.

On May 6, 1992, Child World filed a Chapter 11 petition in the United States Bankruptcy Court for the Southern Dis-*G. Eric Brunstad, Jr., filed a brief for the Connecticut Bar Association, Commercial Law and Bankruptcy Section, as amicus curiae urging affirmance.

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