28 U.S.C. § 157 : US Code - Section 157: Procedures

Search 28 U.S.C. § 157 : US Code - Section 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;
(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; and
(P) recognition of foreign proceedings and other matters under
chapter 15 of title 11.
(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.