28 U.S.C. § 1334 : US Code - Section 1334: Bankruptcy cases and proceedings
Search 28 U.S.C. § 1334 : US Code - Section 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) Except as provided in subsection (e)(2), and 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) Except with respect to a case under chapter 15 of title
11, 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
subsection (c) (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. Subsection (c) and this
subsection 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.
(e) The district court in which a case under title 11 is
commenced or is pending shall have exclusive jurisdiction -
(1) of all the property, wherever located, of the debtor as of
the commencement of such case, and of property of the estate; and
(2) over all claims or causes of action that involve
construction of section 327 of title 11, United States Code, or
rules relating to disclosure requirements under section 327.
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