Notes on 28 U.S.C. § 1334 : US Code - Notes

Search Notes on 28 U.S.C. § 1334 : US Code - Notes

(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; Pub. L. 109-8,
title III, Sec. 324(a), title VIII, Sec. 802(c)(2), title XII, Sec.
1219, Apr. 20, 2005, 119 Stat. 98, 145, 195.)
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
2005 - Subsec. (b). Pub. L. 109-8, Sec. 324(a)(1), substituted
"Except as provided in subsection (e)(2), and notwithstanding" for
"Notwithstanding".
Subsec. (c)(1). Pub. L. 109-8, Sec. 802(c)(2), substituted
"Except with respect to a case under chapter 15 of title 11,
nothing in" for "Nothing in".
Subsec. (d). Pub. L. 109-8, Sec. 1219, substituted "made under
subsection (c)" for "made under this subsection" and "Subsection
(c) and this subsection" for "This subsection".
Subsec. (e). Pub. L. 109-8, Sec. 324(a)(2), added subsec. (e) and
struck out former subsec. (e) which read as follows: "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."
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 2005 AMENDMENT
Pub. L. 109-8, title III, Sec. 324(b), Apr. 20, 2005, 119 Stat.
98, provided that: "This section [amending this section] shall only
apply to cases filed after the date of enactment of this Act [Apr.
20, 2005]."
Amendment by sections 802(c)(2) and 1219 of Pub. L. 109-8
effective 180 days after Apr. 20, 2005, and not applicable with
respect to cases commenced under Title 11, Bankruptcy, before such
effective date, except as otherwise provided, see section 1501 of
Pub. L. 109-8, set out as a note under section 101 of Title 11.
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]."