United States bankruptcy court


United States bankruptcy court

United States bankruptcy court are federal courts that have subject-matter jurisdiction over bankruptcy cases. Bankruptcy cases cannot be filed in state court. Each of the 94 federal judicial districts handles bankruptcy matters. The separate system of bankruptcy courts was created by United States Congress in 1979.

The bankruptcy judges in each judicial district in regular active service constitute a "unit" of the applicable United States district court (see USCode|28|151). The bankruptcy judge is appointed for a term of 14 years by the United States court of appeals for the circuit in which the applicable district is located (see USCode|28|152).

Technically, the United States district courts have subject matter jurisdiction over bankruptcy matters (see uscsub|28|1334|a). However, each such district court may, by order, "refer" bankruptcy matters to the bankruptcy court (see uscsub|28|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 uscsub|28|157|d.

The overwhelming majority of all proceedings in bankruptcy are held before a United States bankruptcy judge, whose decision in all matters is final, subject to appeals to the district court. In some judicial circuits, appeals may be taken to a Bankruptcy Appellate Panel ("BAP").

The Federal Rules of Bankruptcy Procedure (FRBP) govern procedure in the U.S. bankruptcy courts.

Decisions of the Bankruptcy Courts are not collected and published in an official reporter produced by the government. Instead, the "de facto" official source for opinions of the Bankruptcy Courts is "West's Bankruptcy Reporter", published privately by Thomson West.

External links

* [http://www.uscourts.gov/bankruptcycourts.html Official website of the U.S. bankruptcy courts]


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