§ 1334. — Bankruptcy cases and proceedings.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1334]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART IV--JURISDICTION AND VENUE
CHAPTER 85--DISTRICT COURTS; JURISDICTION
Sec. 1334. Bankruptcy cases and proceedings
(a) Except as provided in subsection (b) of this section, the
district courts shall have original and exclusive jurisdiction of all
cases under title 11.
(b) Notwithstanding any Act of Congress that confers exclusive
jurisdiction on a court or courts other than the district courts, the
district courts shall have original but not exclusive jurisdiction of
all civil proceedings arising under title 11, or arising in or related
to cases under title 11.
(c)(1) Nothing in this section prevents a district court in the
interest of justice, or in the interest of comity with State courts or
respect for State law, from abstaining from hearing a particular
proceeding arising under title 11 or arising in or related to a case
under title 11.
(2) Upon timely motion of a party in a proceeding based upon a State
law claim or State law cause of action, related to a case under title 11
but not arising under title 11 or arising in a case under title 11, with
respect to which an action could not have been commenced in a court of
the United States absent jurisdiction under this section, the district
court shall abstain from hearing such proceeding if an action is
commenced, and can be timely adjudicated, in a State forum of
appropriate jurisdiction.
(d) Any decision to abstain or not to abstain made under this
subsection \1\ (other than a decision not to abstain in a proceeding
described in subsection (c)(2)) is not reviewable by appeal or otherwise
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. This subsection \1\ shall not be construed to limit the
applicability of the stay provided for by section 362 of title 11,
United States Code, as such section applies to an action affecting the
property of the estate in bankruptcy.
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\1\ So in original. Probably should be a reference to subsection
(c). See 1994 Amendment note below.
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(e) 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.
(June 25, 1948, ch. 646, 62 Stat. 931; Pub. L. 95-598, title II,
Sec. 238(a), Nov. 6, 1978, 92 Stat. 2667; Pub. L. 98-353, title I,
Sec. 101(a), July 10, 1984, 98 Stat. 333; Pub. L. 99-554, title I,
Sec. 144(e), Oct. 27, 1986, 100 Stat. 3096; Pub. L. 101-650, title III,
Sec. 309(b), Dec. 1, 1990, 104 Stat. 5113; Pub. L. 103-394, title I,
Sec. 104(b), Oct. 22, 1994, 108 Stat. 4109.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Secs. 41(19) and 371(6) (Mar.
3, 1911, ch. 231, Secs. 24, par. 19, 256, par. 6, 36 Stat. 1093, 1160).
Changes in phraseology were made.
Amendments
1994--Subsecs. (c)(2), (d). Pub. L. 103-394, Sec. 104(b)(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). Pub. L. 103-394, Sec. 104(b)(1), redesignated subsec.
(d) as (e).
1990--Subsec. (c)(2). Pub. 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). Pub. L. 99-554 substituted ``and of property of
the estate'' for ``and of the estate''.
1984--Pub. 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 (b) 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. (b) to (d).
1978--Pub. L. 95-598 directed the general amendment of section to
relate to bankruptcy appeals, which amendment did not become effective
pursuant to section 402(b) of Pub. L. 95-598, as amended, set out as an
Effective Date note preceding section 101 of Title 11, Bankruptcy.
Effective Date of 1994 Amendment
Amendment by Pub. 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 Pub. L. 103-394, set out as a
note under section 101 of Title 11.
Effective Date of 1986 Amendment
Amendment by Pub. L. 99-554 effective 30 days after Oct. 27, 1986,
see section 302(a) of Pub. L. 99-554, set out as a note under section
581 of this title.
Effective Date of 1984 Amendment
Amendment by Pub. 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), (b) of Pub. 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
Section 115 of Pub. L. 98-353 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).
``(b) 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].''
Section Referred to in Other Sections
This section is referred to in sections 156, 157, 1452 of this
title.
