United States bankruptcy court

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(Redirected from
United States Bankruptcy Court
)

Bankruptcy in the
United States
Bankruptcy in the United States
Chapters
Aspects of bankruptcy law
"Bankruptcy Court" redirects here. For the former courts in the United Kingdom, see
Court of Bankruptcy
.

United States bankruptcy courts are

district courts and have subject-matter jurisdiction over bankruptcy cases. The federal district courts have original and exclusive jurisdiction over all cases arising under the bankruptcy code, (see 28 U.S.C. § 1334(a)), and bankruptcy cases cannot be filed in state court. Each of the 94 federal judicial districts
handles bankruptcy matters.

Technically, the United States district courts have subject matter jurisdiction over bankruptcy matters (see 28 U.S.C. § 1334(a)). However, each such district court may, by order, "refer" bankruptcy matters to the bankruptcy court (see 28 U.S.C. § 157(a)). As a practical matter, most district courts have a standing "reference" order to that effect, so that all bankruptcy cases in that district are handled, at least initially, by the bankruptcy court. In unusual circumstances, a district court may in a particular case "withdraw the reference" (i.e., take the case or a particular proceeding within the case away from the bankruptcy court and decide the matter itself) under 28 U.S.C. § 157(d).

The overwhelming majority of all proceedings in bankruptcy are held before a United States bankruptcy judge, whose decisions are subject to appeals to the district court. In some judicial circuits, appeals may be taken to a

United States Court of Appeals for the circuit in which the applicable district is located (see 28 U.S.C. § 152
).

The

procedure
in the U.S. bankruptcy courts.

Decisions of the bankruptcy courts are not collected and published in an official

Thomson West
.

Bankruptcy courts appoint a trustee to represent the interests of the creditors and administer the cases. The U.S. Trustee[3] appoints Chapter 7 trustees for a renewable period of 1 year, Chapter 13 trustees are "standing trustees" who administer cases in a specific geographic region.

References

  1. ^ "Process - Bankruptcy Basics". United States Courts. Retrieved April 14, 2017.
  2. United States Constitution
    , and corrective federal legislation was required.
  3. ^ About the United States Trustee Program & Bankruptcy (Justice.gov via archive.org)

External links

Wikimedia Commons has media related to United States bankruptcy courts.
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