Post-Confirmation/Post-Sale Jurisdiction

Post-Confirmation/Post-Sale Jurisdiction

Bankruptcy courts are courts of limited jurisdiction. Given that parties can neither waive nor consent to subject-matter jurisdiction, this panel explores the limits of 28 U.S.C. § 1334 and the effectiveness of the retention of jurisdiction provisions in sale orders and confirmation orders. The panelists discuss recent decisions on the scope of “arising under,” “arising in” and “related to” jurisdiction. The panel also delves into whether, and to what extent, bankruptcy courts automatically have jurisdiction to interpret and enforce their own orders, including whether that jurisdiction diminishes over time. Finally, the panelists discuss mandatory and permissive abstention and the parallel proceeding rule.

2024 Central States Bankruptcy Workshop
2024
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