§ 157. — Procedures.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC157]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 6--BANKRUPTCY JUDGES
Sec. 157. Procedures
(a) Each district court may provide that any or all cases under
title 11 and any or all proceedings arising under title 11 or arising in
or related to a case under title 11 shall be referred to the bankruptcy
judges for the district.
(b)(1) Bankruptcy judges may hear and determine all cases under
title 11 and all core proceedings arising under title 11, or arising in
a case under title 11, referred under subsection (a) of this section,
and may enter appropriate orders and judgments, subject to review under
section 158 of this title.
(2) Core proceedings include, but are not limited to--
(A) matters concerning the administration of the estate;
(B) allowance or disallowance of claims against the estate or
exemptions from property of the estate, and estimation of claims or
interests for the purposes of confirming a plan under chapter 11,
12, or 13 of title 11 but not the liquidation or estimation of
contingent or unliquidated personal injury tort or wrongful death
claims against the estate for purposes of distribution in a case
under title 11;
(C) counterclaims by the estate against persons filing claims
against the estate;
(D) orders in respect to obtaining credit;
(E) orders to turn over property of the estate;
(F) proceedings to determine, avoid, or recover preferences;
(G) motions to terminate, annul, or modify the automatic stay;
(H) proceedings to determine, avoid, or recover fraudulent
conveyances;
(I) determinations as to the dischargeability of particular
debts;
(J) objections to discharges;
(K) determinations of the validity, extent, or priority of
liens;
(L) confirmations of plans;
(M) orders approving the use or lease of property, including the
use of cash collateral;
(N) orders approving the sale of property other than property
resulting from claims brought by the estate against persons who have
not filed claims against the estate; and
(O) other proceedings affecting the liquidation of the assets of
the estate or the adjustment of the debtor-creditor or the equity
security holder relationship, except personal injury tort or
wrongful death claims.
(3) The bankruptcy judge shall determine, on the judge's own motion
or on timely motion of a party, whether a proceeding is a core
proceeding under this subsection or is a proceeding that is otherwise
related to a case under title 11. A determination that a proceeding is
not a core proceeding shall not be made solely on the basis that its
resolution may be affected by State law.
(4) Non-core proceedings under section 157(b)(2)(B) of title 28,
United States Code, shall not be subject to the mandatory abstention
provisions of section 1334(c)(2).
(5) The district court shall order that personal injury tort and
wrongful death claims shall be tried in the district court in which the
bankruptcy case is pending, or in the district court in the district in
which the claim arose, as determined by the district court in which the
bankruptcy case is pending.
(c)(1) A bankruptcy judge may hear a proceeding that is not a core
proceeding but that is otherwise related to a case under title 11. In
such proceeding, the bankruptcy judge shall submit proposed findings of
fact and conclusions of law to the district court, and any final order
or judgment shall be entered by the district judge after considering the
bankruptcy judge's proposed findings and conclusions and after reviewing
de novo those matters to which any party has timely and specifically
objected.
(2) Notwithstanding the provisions of paragraph (1) of this
subsection, the district court, with the consent of all the parties to
the proceeding, may refer a proceeding related to a case under title 11
to a bankruptcy judge to hear and determine and to enter appropriate
orders and judgments, subject to review under section 158 of this title.
(d) The district court may withdraw, in whole or in part, any case
or proceeding referred under this section, on its own motion or on
timely motion of any party, for cause shown. The district court shall,
on timely motion of a party, so withdraw a proceeding if the court
determines that resolution of the proceeding requires consideration of
both title 11 and other laws of the United States regulating
organizations or activities affecting interstate commerce.
(e) If the right to a jury trial applies in a proceeding that may be
heard under this section by a bankruptcy judge, the bankruptcy judge may
conduct the jury trial if specially designated to exercise such
jurisdiction by the district court and with the express consent of all
the parties.
(Added Pub. L. 98-353, title I, Sec. 104(a), July 10, 1984, 98 Stat.
340; amended Pub. L. 99-554, title I, Secs. 143, 144(b), Oct. 27, 1986,
100 Stat. 3096; Pub. L. 103-394, title I, Sec. 112, Oct. 22, 1994, 108
Stat. 4117.)
Amendments
1994--Subsec. (e). Pub. L. 103-394 added subsec. (e).
1986--Subsec. (b)(2). Pub. L. 99-554, in subpar. (B) substituted
``interests'' for ``interest'' and inserted reference to chapter 12, and
in subpar. (G) inserted a comma after ``annul''.
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.
Section Referred to in Other Sections
This section is referred to in section 158 of this title; title 11
section 524.
