§ 1334. Bankruptcy cases and proceedings

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1948

   Title 28, United States Code, section —

   Pub. L. 80–646 · 62 Stat. 869

   Enacted · 28 U.S.C. § 1334

   June 25, 1948, ch. 646, 62 Stat. 931

   Source evidence

   Code source credit
   June 25, 1948, ch. 646, 62 Stat. 931

2. 1978

   Pub. L. 95–598 title II § 238(a) · 92 Stat. 2549

   Amended · 28 U.S.C. § 1334

   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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (a) Section 1334 of title 28 of the United States Code is amended to read as follows: “§ 1334. Bankruptcy appeals “(a) The district courts for districts for which panels have not been ordered appointed under section 160 of this title shall have jurisdiction of appeals from all final judgments, orders, and decrees of bankruptcy courts. “(b) The district courts for such districts shall have jurisdiction of appeals from interlocutory orders and decrees of bankruptcy courts, but only by leave of the district court to which the appeal is taken. “(c) A district court may not refer an appeal under that section to a magistrate or to a special master.”.

3. 1984

   Pub. L. 98–353 title I § 101(a) · 98 Stat. 333

   1. Changed · 28 U.S.C. § 1334

      Pub. L. 98–353 in amending section generally

   2. Substituted · 28 U.S.C. § 1334

      Pub. L. 98–353 in substituted “cases” for “matters” in section catchline

   3. Amended · 28 U.S.C. § 1334

      Pub. L. 98–353 in designated existing provision as subsec. (a), and in subsec. (a) as so designated

   4. Substituted · 28 U.S.C. § 1334

      Pub. L. 98–353 in substituted “Except as provided in subsection (b) of this section, the district” for “The district”

   5. Substituted · 28 U.S.C. § 1334

      Pub. L. 98–353 in substituted “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”

   6. Added · 28 U.S.C. § 1334

      Pub. L. 98–353 in added subsecs. (b) to (d)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   (a) Section 1334 of title 28, United States Code, is amended to read as follows: “§ 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. 11 USC 101 et seq. “(b) 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) 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. Any decision to abstain made under this subsection is not reviewable by appeal or otherwise. 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. “(d) The district court in which a case under title 11 is commenced Gifts and property. 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 the estate.”.

4. 1986

   Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986

   Pub. L. 99–554 title I § 144(e) · 100 Stat. 3088

   Substituted · 28 U.S.C. § 1334(d)

   Pub. L. 99–554 substituted “and of property of the estate” for “and of the estate”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 99–554 substituted “and of property of the estate” for “and of the estate”.

   Enacted provision · exact public law section
   (e) Section 1334(d) of title 28, United States Code, is amended by striking out “and of the estate” and inserting in lieu thereof “and of property of the estate”.

5. 1990

   Federal Courts Study Committee Implementation Act of 1990

   Pub. L. 101–650 title III § 309(b) · 104 Stat. 5089

   Inserted · 28 U.S.C. § 1334(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (b) Abstention Determinations Under Title 28, United States Code.— The second sentence of section 1334(c)(2) of title 28, United States Code, is amended— (1) by inserting “or not to abstain” after “to abstain”, and (2) by inserting the following before the period: “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”.

6. 1994

   Bankruptcy Reform Act of 1994

   Pub. L. 103–394 § 104(b)(2) · 108 Stat. 4106

   1. Inserted · 28 U.S.C. § 1334(c)(2); 28 U.S.C. § 1334(c)(d)

      Pub. L. 103–394, § 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)

   2. Redesignated · 28 U.S.C. § 1334(c)(2); 28 U.S.C. § 1334(c)(d)

      Pub. L. 103–394, § 104(b)(2), designated that sentence and third sentence of subsec. (c)(2) as subsec. (d). Former subsec. (d) redesignated (e)

   Source evidence

   Code amendment note
   Subsecs. (c)(2), (d). Pub. L. 103–394, § 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).

   Enacted provision · exact public law section
   (2) in the second sentence of subsection (c)(2)— (A) by inserting “(other than a decision not to abstain in a proceeding described in subsection (c)(2))” after “subsection”, and (B) by striking “Any” and inserting the following: “(d) Any”.

7. 1994

   Bankruptcy Reform Act of 1994

   Pub. L. 103–394 § 104(b)(1) · 108 Stat. 4106

   Redesignated · 28 U.S.C. § 1334(e)

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

   Source evidence

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

   Enacted provision · exact public law section
   (1) by redesignating subsection (d) as subsection (e), and

8. 2005

   Pub. L. 109–8 § 324(a)(1) · 119 Stat. 23

   Substituted · 28 U.S.C. § 1334(b)

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

   Source evidence

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

   Enacted provision · exact public law section
   (1) in subsection (b), by striking “Notwithstanding” and inserting “Except as provided in subsection (e)(2), and notwithstanding”; and

   Effective date note
   Pub. L. 109–8, title III, § 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.

9. 2005

   Pub. L. 109–8 § 802(c)(2) · 119 Stat. 23

   Substituted · 28 U.S.C. § 1334(c)(1)

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

   Source evidence

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

   Enacted provision · exact public law section
   (2) Bankruptcy cases and proceedings.— Section 1334(c) of title 28, United States Code, is amended by striking “Nothing in” and inserting “Except with respect to a case under chapter 15 of title 11, nothing in”.

   Effective date note
   Pub. L. 109–8, title III, § 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.

10. 2005

    Pub. L. 109–8 § 1219 · 119 Stat. 23

    1. Substituted · 28 U.S.C. § 1334(d)

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

    2. Substituted · 28 U.S.C. § 1334(d)

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

    Source evidence

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

    Enacted provision · exact public law section
    SEC. 1219. BANKRUPTCY CASES AND PROCEEDINGS.   Section 1334(d) of title 28, United States Code, is amended— (1) by striking “made under this subsection” and inserting “made under subsection (c)”; and (2) by striking “This subsection” and inserting “Subsection (c) and this subsection”.

    Effective date note
    Pub. L. 109–8, title III, § 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.

11. 2005

    Pub. L. 109–8 § 324(a)(2) · 119 Stat. 23

    1. Added · 28 U.S.C. § 1334(e)

       Pub. L. 109–8, § 324(a)(2), added subsec. (e)

    2. Struck · 28 U.S.C. § 1334(e)

       Pub. L. 109–8, § 324(a)(2), 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.”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 109–8, § 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.”

    Enacted provision · exact public law section
    (2) by striking subsection (e) and inserting the following: “(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.” .

    Effective date note
    Pub. L. 109–8, title III, § 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.

18 of 19 references resolved to an enrolled provision · 1 partial