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.
section 158 of this title 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 .
Core proceedings include, but are not limited to—
matters concerning the administration of the estate;
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;
counterclaims by the estate against persons filing claims against the estate;
orders in respect to obtaining credit;
orders to turn over property of the estate;
proceedings to determine, avoid, or recover preferences;
motions to terminate, annul, or modify the automatic stay;
proceedings to determine, avoid, or recover fraudulent conveyances;
determinations as to the dischargeability of particular debts;
objections to discharges;
determinations of the validity, extent, or priority of liens;
confirmations of plans;
orders approving the use or lease of property, including the use of cash collateral;
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;
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
recognition of foreign proceedings and other matters under chapter 15 of title 11.
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.
section 157(b)(2)(B) of title 28 Non-core proceedings under , United States Code, shall not be subject to the mandatory abstention provisions of section 1334(c)(2).
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.
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.
section 158 of this title 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 .
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.
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.
Pub. L. 98–353, title I, § 104(a)98 Stat. 340Pub. L. 99–554, title I100 Stat. 3096Pub. L. 103–394, title I, § 112108 Stat. 4117Pub. L. 109–8, title VIII, § 802(c)(1)119 Stat. 145(Added , , ; amended , §§ 143, 144(b), , ; , , ; , , .)
Editorial Notes
Amendments
Pub. L. 109–82005—Subsec. (b)(2)(P). added subpar. (P).
Pub. L. 103–3941994—Subsec. (e). added subsec. (e).
Pub. L. 99–5541986—Subsec. (b)(2). , in subpar. (B) substituted “interests” for “interest” and inserted reference to chapter 12, and in subpar. (G) inserted a comma after “annul”.
Statutory Notes and Related Subsidiaries
Effective Date of 2005 Amendment
Pub. L. 109–8section 1501 of Pub. L. 109–8section 101 of Title 11Amendment by 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 .