US Code

Public Law 119-73 (01/23/2026)

28 U.S.C. § 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)
section 1254 of this titlesection 362 of title 11 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 . Subsection (c) and this subsection shall not be construed to limit the applicability of the stay provided for by , 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)
section 327 of title 11 over all claims or causes of action that involve construction of , United States Code, or rules relating to disclosure requirements under section 327.

June 25, 1948, ch. 64662 Stat. 931Pub. L. 95–598, title II, § 238(a)92 Stat. 2667Pub. L. 98–353, title I, § 101(a)98 Stat. 333Pub. L. 99–554, title I, § 144(e)100 Stat. 3096Pub. L. 101–650, title III, § 309(b)104 Stat. 5113Pub. L. 103–394, title I, § 104(b)108 Stat. 4109Pub. L. 109–8, title III, § 324(a)119 Stat. 98(, ; , , ; , , ; , , ; , , ; , , ; , title VIII, § 802(c)(2), title XII, § 1219, , , 145, 195.)

Historical and Revision Notes

Mar. 3, 1911, ch. 23136 Stat. 1093Based on title 28, U.S.C., 1940 ed., §§ 41(19) and 371(6) (, §§ 24, par. 19, 256, par. 6, , 1160).

Changes in phraseology were made.

Editorial Notes

Amendments

Pub. L. 109–8, § 324(a)(1)2005—Subsec. (b). , substituted “Except as provided in subsection (e)(2), and notwithstanding” for “Notwithstanding”.

Pub. L. 109–8, § 802(c)(2)Subsec. (c)(1). , substituted “Except with respect to a case under chapter 15 of title 11, nothing in” for “Nothing in”.

Pub. L. 109–8, § 1219Subsec. (d). , substituted “made under subsection (c)” for “made under this subsection” and “Subsection (c) and this subsection” for “This subsection”.

Pub. L. 109–8, § 324(a)(2)Subsec. (e). , 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.”

Pub. L. 103–394, § 104(b)(2)1994—Subsecs. (c)(2), (d). , 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).

Pub. L. 103–394, § 104(b)(1)Subsec. (e). , redesignated subsec. (d) as (e).

Pub. L. 101–650section 1254 of this title1990—Subsec. (c)(2). 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 ” before period at end.

Pub. L. 99–5541986—Subsec. (d). substituted “and of property of the estate” for “and of the estate”.

Pub. L. 98–3531984— 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).

Pub. L. 95–598section 402(b) of Pub. L. 95–598section 101 of Title 111978— directed the general amendment of section to relate to bankruptcy appeals, which amendment did not become effective pursuant to , as amended, set out as an Effective Date note preceding , Bankruptcy.

Statutory Notes and Related Subsidiaries

Effective Date of 2005 Amendment

Pub. L. 109–8, title III, § 324(b)119 Stat. 98

“This section [amending this section] shall only apply to cases filed after the date of enactment of this Act [].”
, , , provided that:

Pub. L. 109–8section 1501 of Pub. L. 109–8section 101 of Title 11Amendment by sections 802(c)(2) and 1219 of effective 180 days after , and not applicable with respect to cases commenced under Title 11, Bankruptcy, before such effective date, except as otherwise provided, see , set out as a note under .

Effective Date of 1994 Amendment

Pub. L. 103–394section 702 of Pub. L. 103–394section 101 of Title 11Amendment by effective , and not applicable with respect to cases commenced under Title 11, Bankruptcy, before , see , set out as a note under .

Effective Date of 1986 Amendment

Pub. L. 99–554section 302(a) of Pub. L. 99–554section 581 of this titleAmendment by effective 30 days after , see , set out as a note under .

Effective Date of 1984 Amendment

Pub. L. 98–353Pub. L. 98–353section 151 of this titleAmendment by effective , except that subsec. (c)(2) not applicable with respect to cases under Title 11, Bankruptcy, that are pending on , or to proceedings arising in or related to such cases, see section 122(a), (b) of , set out as an Effective Date note under .

Jurisdiction Over and Transfer of Bankruptcy Cases and Proceedings

Pub. L. 98–353, title I, § 11598 Stat. 343

“(a)
On the date of the enactment of this Act [] the appropriate district court of the United States shall have jurisdiction of—
“(1)
section 404(a) of the Act of November 6, 1978Public Law 95–59892 Stat. 2687section 151 of this title 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 (; ) [formerly set out as a note preceding ], and
“(2)
section 404(a) of the Act of November 6, 1978Public Law 95–59892 Stat. 2687 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 (; ).
“(b)
section 405(c) of the Act of November 6, 1978Public Law 95–59892 Stat. 2685section 1471 of this title On the date of the enactment of this Act [], 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 (; ) [formerly set out as a note preceding ].”
, , , provided that: