A bill to amend title 28 of the United States Code regarding jurisdiction in bankruptcy proceedings, and for other purposes.

Summary

Amends district court jurisdiction in Title 11 (the bankruptcy code) proceedings to include original and exclusive jurisdiction over subsidiary proceedings. Confers upon district courts original but non-exclusive jurisdiction over all related State and non-bankruptcy Federal proceedings involving property claimed by representatives of Title 11 estates. Authorizes the recall of Title 11 cases or proceedings from bankruptcy courts into district courts upon motion of: (1) a party; (2) a district judge; or (3) a bankruptcy judge. Directs that such cases be determined by a district judge and authorizes the referral of such cases to a United States magistrate. Authorizes (currently requires) bankruptcy courts to exercise jurisdiction over all property, wherever located, of either the debtor or the Title 11 estate. Authorizes the designation of bankruptcy judges to serve as special masters for the district courts. Authorizes commencement of a Title 11 proceeding in the bankruptcy court in which the same debtor or estate has a case pending. Directs representatives of Title 11 estates to bring specified small claim actions only in the bankruptcy court for the district in which the defendant resides. Authorizes Title 11 estate representatives to commence non-bankruptcy-related property claims under conventional venue guidelines.

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1 official file

• Introduced in House

  summary · EN · 10 February 1983

  Open at official source

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