(a)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.
(1)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 section
158 of this title.
(2)Core proceedings include, but are not limited to—
(A)matters concerning the administration of the estate;
(B)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;
(C)counterclaims by the estate against persons filing claims against the estate;
(D)orders in respect to obtaining credit;
(E)orders to turn over property of the estate;
(F)proceedings to determine, avoid, or recover preferences;
(G)motions to terminate, annul, or modify the automatic stay;
(H)proceedings to determine, avoid, or recover fraudulent conveyances;
(I)determinations as to the dischargeability of particular debts;
(J)objections to discharges;
(K)determinations of the validity, extent, or priority of liens;
(L)confirmations of plans;
(M)orders approving the use or lease of property, including the use of cash collateral;
(N)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;
(O)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
(P)recognition of foreign proceedings and other matters under chapter
15 of title
(3)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.
(4)Non-core proceedings under section
157(b)(2)(B) of title
28, United States Code, shall not be subject to the mandatory abstention provisions of section
(5)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.
(1)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.
(2)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 section
158 of this title.
(d)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.
(e)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.
For information regarding constitutionality of certain provisions of this section, as added by section 104(a) ofPub. L. 98–353, see Congressional Research Service, The Constitution of the United States of America: Analysis and Interpretation, Appendix 1, Acts of Congress Held Unconstitutional in Whole or in Part by the Supreme Court of the United States.
1986—Subsec. (b)(2). Pub. L. 99–554, in subpar. (B) substituted “interests” for “interest” and inserted reference to chapter 12, and in subpar. (G) inserted a comma after “annul”.
Effective Date of 2005 Amendment
Amendment by Pub. L. 109–8effective 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 ofPub. L. 109–8, set out as a note under section
101 of Title
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–394effective Oct. 22, 1994, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before Oct. 22, 1994, see section 702 ofPub. L. 103–394, set out as a note under section
101 of Title
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Statutes at Large
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