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00:00 Intro & Case Background
02:31 What Removal Means & Why Banks Use It
04:08 Federal Question Versus Diversity Jurisdiction
06:03 Timing Rules For Removal & Notice Requirements
07:40 Who Can Remove A Case & The Well-Pled Complaint Rule
10:02 Diversity Requirements, Amount In Controversy, And Aggregation Rules
12:00 Joinder, Forum Defendant Rule, And Multiple Defendants
14:00 Remand Process, Suisponte Remands, And Procedural Defects
17:20 How To Beat An Improper Removal & Fee Shifting Under 1447(c)
20:45 Practical Implications For Debt Defense Strategy
24:00 ParkerGPT, Resources, And Closing Remarks
Here, Brian presents a comprehensive guide explaining the critical concepts of removal and remand in federal court, particularly in debt collection and consumer protection cases. Attorney Brian Parker breaks down how defendants (typically banks and debt collectors) can remove cases from state court to federal court under two main grounds: federal question jurisdiction (like FDCPA violations) or diversity of citizenship with amounts exceeding $75,000. The video uses the Booze v. Ocwen case as a practical example, showing how mortgage servicers removed a case involving improper convenience fees from state to federal court.
The content provides essential strategic insights for both attorneys and consumers, including strict 30-day timing requirements for both removal and remand motions, the mandatory fee-shifting provisions under 28 USC 1447(c) for improper removals, and tactical considerations for when to assert federal claims. Parker emphasizes that while corporations prefer federal court for its structured environment, consumers can successfully navigate federal proceedings and even benefit from the black-and-white nature of federal rules, especially when seeking attorney fees for wrongful removal. Good luck.
Disclaimer:
Please remember that anyone viewing or listening to this information, podcast and/or video is not being invited to create an attorney-client relationship in any way. This is strictly informational to assist anyone who needs to be pointed in a direction similarly as one would do any research. Though I am a proud member of the State Bars of Florida and Michigan, this is a source of research and insight into how Brian Parker's mind operates and how he perceives the practice of law when it is used for the benefit of victims Mr. Parker does represent. Take what you need knowing I am not practicing law for you or anyone else in any state through this medium or media. I am sharing and caring.
-BPP
#debtcollection #debtproblems #lawsuit #court #attorneyadvice
Support the show
Disclaimer: Please remember that anyone viewing or listening to this information, podcast and/or video is not being invited to create an attorney-client relationship in any way. This is strictly informational to assist anyone who needs to be pointed in a direction similarly as one would do any research. Though I am a proud member of the State Bars of Florida and Michigan, this is a source of research and insight into how Brian Parker's mind operates and how he perceives the practice of law when it is used for the benefit of victims Mr. Parker does represent. Take what you need knowing I am not practicing law for you or anyone else in any state through this medium or media. I am sharing and caring.
BPP
