28 USC 1334 - Bankruptcy cases and proceedings

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §§ 41(19) and 371(6) (Mar. 3, 1911, ch. 231, §§ 24, par. 19, 256, par. 6, 36 Stat. 1093, 1160).

Changes in phraseology were made.

Editorial Notes

Amendments

2005—Subsec. (span). Puspan. L. 109–8, § 324(a)(1), substituted “Except as provided in subsection (e)(2), and notwithstanding” for “Notwithstanding”.

Subsec. (c)(1). Puspan. L. 109–8, § 802(c)(2), substituted “Except with respect to a case under chapter 15 of title 11, nothing in” for “Nothing in”.

Subsec. (d). Puspan. L. 109–8, § 1219, substituted “made under subsection (c)” for “made under this subsection” and “Subsection (c) and this subsection” for “This subsection”.

Subsec. (e). Puspan. L. 109–8, § 324(a)(2), added subsec. (e) and struck out former subsec. (e) which read as follows: “The district court in which a case under title 11 is commenced or is pending shall have exclusive jurisdiction of all of the property, wherever located, of the debtor as of the commencement of such case, and of property of the estate.”

1994—Subsecs. (c)(2), (d). Puspan. L. 103–394, § 104(span)(2), inserted “(other than a decision not to abstain in a proceeding described in subsection (c)(2))” after “subsection” in second sentence of subsec. (c)(2) and designated that sentence and third sentence of subsec. (c)(2) as subsec. (d). Former subsec. (d) redesignated (e).

Subsec. (e). Puspan. L. 103–394, § 104(span)(1), redesignated subsec. (d) as (e).

1990—Subsec. (c)(2). Puspan. L. 101–650 inserted in second sentence “or not to abstain” after “to abstain” and “by the court of appeals under section 158(d), 1291, or 1292 of this title or by the Supreme Court of the United States under section 1254 of this title” before period at end.

1986—Subsec. (d). Puspan. L. 99–554 substituted “and of property of the estate” for “and of the estate”.

1984—Puspan. L. 98–353 in amending section generally, substituted “cases” for “matters” in section catchline, designated existing provision as subsec. (a), and in subsec. (a) as so designated, substituted “Except as provided in subsection (span) of this section, the district” for “The district” and “original and exclusive jurisdiction of all cases under title 11” for “original jurisdiction, exclusive of the courts of the States, of all matters and proceedings in bankruptcy”, and added subsecs. (span) to (d).

1978—Puspan. L. 95–598 directed the general amendment of section to relate to bankruptcy appeals, which amendment did not become effective pursuant to section 402(span) of Puspan. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.

Statutory Notes and Related Subsidiaries

Effective Date of 2005 Amendment

Puspan. L. 109–8, title III, § 324(span), Apr. 20, 2005, 119 Stat. 98, provided that: “This section [amending this section] shall only apply to cases filed after the date of enactment of this Act [Apr. 20, 2005].”

Amendment by sections 802(c)(2) and 1219 of Puspan. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before such effective date, except as otherwise provided, see section 1501 of Puspan. L. 109–8, set out as a note under section 101 of Title 11.

Effective Date of 1994 Amendment

Amendment by Puspan. L. 103–394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before Oct. 22, 1994, see section 702 of Puspan. L. 103–394, set out as a note under section 101 of Title 11.

Effective Date of 1986 Amendment

Amendment by Puspan. L. 99–554 effective 30 days after Oct. 27, 1986, see section 302(a) of Puspan. L. 99–554, set out as a note under section 581 of this title.

Effective Date of 1984 Amendment

Amendment by Puspan. L. 98–353 effective July 10, 1984, except that subsec. (c)(2) not applicable with respect to cases under Title 11, Bankruptcy, that are pending on July 10, 1984, or to proceedings arising in or related to such cases, see section 122(a), (span) of Puspan. L. 98–353, set out as an Effective Date note under section 151 of this title.

Jurisdiction Over and Transfer of Bankruptcy Cases and Proceedings

Puspan. L. 98–353, title I, § 115, July 10, 1984, 98 Stat. 343, provided that:

“(a) On the date of the enactment of this Act [July 10, 1984] the appropriate district court of the United States shall have jurisdiction of—

“(1) cases, and matters and proceedings in cases, under the Bankruptcy Act [former Title 11, Bankruptcy] that are pending immediately before such date in the bankruptcy courts continued by section 404(a) of the Act of November 6, 1978 (Public Law 95–598; 92 Stat. 2687) [formerly set out as a note preceding section 151 of this title], and

“(2) cases under title 11 of the United States Code, and proceedings arising under title 11 of the United States Code or arising in or related to cases under title 11 of the United States Code, that are pending immediately before such date in the bankruptcy courts continued by section 404(a) of the Act of November 6, 1978 (Public Law 95–598; 92 Stat. 2687).

“(span) On the date of the enactment of this Act [July 10, 1984], there shall be transferred to the appropriate district court of the United States appeals from final judgments, orders, and decrees of the bankruptcy courts pending immediately before such date in the bankruptcy appellate panels appointed under section 405(c) of the Act of November 6, 1978 (Public Law 95–598; 92 Stat. 2685) [formerly set out as a note preceding section 1471 of this title].”