28 U.S.C. § 1334 — Bankruptcy cases and proceedings

Page 368 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1333 Subsec. (a)(4). Pub. L. 94–583 added par. (4). 1964—Subsec. (c). Pub. L. 88–439 inserted proviso deeming an insurer of liability insurance, in an action to which the insurer is not joined as a party-defendant, a citizen, of the State of which the insured is a citizen, as well as the State the insurer has been incorporated by and the State where it has its principal place of business. 1958—Pub. L. 85–554 included costs in section catch- line. Subsec. (a). Pub. L. 85–554 substituted ‘‘$10,000’’ for ‘‘$3,000’’. Subsecs. (b) to (d). Pub. L. 85–554 added subsecs. (b) and (c) and redesignated former subsec. (b) as (d). 1956—Subsec. (b). Act July 26, 1956, included the Com- monwealth of Puerto Rico. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 112–63, title I, § 105, Dec. 7, 2011, 125 Stat. 762, provided that: ‘‘(a) IN GENERAL.—Subject to subsection (b), the amendments made by this title [enacting section 1455 of this title and amending this section and sections 1441, 1446, and 1453 of this title] shall take effect upon the expiration of the 30-day period beginning on the date of the enactment of this Act [Dec. 7, 2011], and shall apply to any action or prosecution commenced on or after such effective date. ‘‘(b) TREATMENT OF CASES REMOVED TO FEDERAL COURT.—For purposes of subsection (a), an action or prosecution commenced in State court and removed to Federal court shall be deemed to commence on the date the action or prosecution was commenced, within the meaning of State law, in State court.’’ EFFECTIVE DATE OF 2005 AMENDMENT Pub. L. 109–2, § 9, Feb. 18, 2005, 119 Stat. 14, provided that: ‘‘The amendments made by this Act [enacting chapter 114 and section 1453 of this title and amending this section and sections 1335 and 1603 of this title] shall apply to any civil action commenced on or after the date of enactment of this Act [Feb. 18, 2005].’’ EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–317, title II, § 205(b), Oct. 19, 1996, 110 Stat. 3850, provided that: ‘‘The amendment made by this sec- tion [amending this section] shall take effect 90 days after the date of enactment of this Act [Oct. 19, 1996].’’ EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–702, title II, § 201(b), Nov. 19, 1988, 102 Stat. 4646, provided that: ‘‘The amendments made by this section [amending this section] shall apply to any civil action commenced on or after the 180th day after the date of enactment of this title [Nov. 19, 1988].’’ Pub. L. 100–702, title II, § 202(b), Nov. 19, 1988, 102 Stat. 4646, provided that: ‘‘The amendment made by this sec- tion [amending this section] shall apply to any civil ac- tion commenced in or removed to a United States dis- trict court on or after the 180th day after the date of enactment of this title [Nov. 19, 1988].’’ Pub. L. 100–702, title II, § 203(b), Nov. 19, 1988, 102 Stat. 4646, provided that: ‘‘The amendment made by this sec- tion [amending this section] shall apply to claims in civil actions commenced in or removed to the United States district courts on or after the 180th day after the date of enactment of this title [Nov. 19, 1988].’’ EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–583 effective 90 days after Oct. 21, 1976, see section 8 of Pub. L. 94–583, set out as an Effective Date note under section 1602 of this title. EFFECTIVE DATE OF 1964 AMENDMENT Pub. L. 88–439, § 2, Aug. 14, 1964, 78 Stat. 445, provided that: ‘‘The amendment made by this Act to section 1332(c), title 28, United States Code, applies only to causes of action arising after the date of enactment of this Act [Aug. 14, 1964].’’ EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85–554 applicable only in the case of actions commenced after July 25, 1958, see sec- tion 3 of Pub. L. 85–554, set out as a note under section 1331 of this title. § 1333. Admiralty, maritime and prize cases The district courts shall have original juris- diction, exclusive of the courts of the States, of: (1) Any civil case of admiralty or maritime jurisdiction, saving to suitors in all cases all other remedies to which they are otherwise entitled. (2) Any prize brought into the United States and all proceedings for the condemnation of property taken as prize. (June 25, 1948, ch. 646, 62 Stat. 931; May 24, 1949, ch. 139, § 79, 63 Stat. 101.) HISTORICAL AND REVISION NOTES 1948 ACT Based on title 28, U.S.C., 1940 ed., §§ 41(3) and 371 (3), (4) (Mar. 3, 1911, ch. 231, §§ 24, par. 3, 256, pars. 3, 4, 36 Stat. 1091, 1160; Oct. 6, 1917, ch. 97, §§ 1, 2, 40 Stat. 395; June 10, 1922, ch. 216, §§ 1, 2, 42 Stat. 634). Section consolidates certain provisions of sections 41(3), 371(3) and 371(4) of title 28, U.S.C., 1940 ed. Other provisions of sections 41(3) and 371(4), relating to sei- zures, are incorporated in section 1356 of this title. (See reviser’s note thereunder.) The ‘‘saving to suitors’’ clause in sections 41(3) and 371(3) of title 28, U.S.C., 1940 ed., was changed by sub- stituting the words ‘‘any other remedy to which he is otherwise entitled’’ for the words ‘‘the right of a com- mon law remedy where the common law is competent to give it.’’ The substituted language is simpler and more expressive of the original intent of Congress and is in conformity with Rule 2 of the Federal Rules of Civil Procedure abolishing the distinction between law and equity. Provisions of section 41(3) of title 28, U.S.C., 1940 ed., based on the 1917 and 1922 amendments, relating to remedies under State workmen’s compensation laws, were deleted. Such amendments were held unconstitu- tional by the Supreme Court. (See Knickerbocker Ice Co. v. Stewart, 1920, 40 S.Ct. 438, 253 U.S. 149, 64 L.Ed. 834, and State of Washington v. W. C. Dawson & Co., 1924, 44 S.Ct. 302, 264 U.S. 219, 68 L.Ed. 646.) Words ‘‘libellant or petitioner’’ were substituted for ‘‘suitors’’ to describe moving party in admiralty cases. Changes were made in phraseology. 1949 ACT This section amends section 1333(a)(1) of title 28, U.S.C., by substituting ‘‘suitors’’ for ‘‘libellant or peti- tioner’’ to conform to the language of the law in exist- ence at the time of the enactment of the revision of title 28. Editorial Notes AMENDMENTS 1949—Subd. (1). Act May 24, 1949, substituted ‘‘suit- ors’’ for ‘‘libellant or petitioner’’. § 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. Page 369 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1334 (b) Except as provided in subsection (e)(2), and notwithstanding any Act of Congress that con- fers exclusive jurisdiction on a court or courts other than the district courts, the district courts shall have original but not exclusive ju- risdiction of all civil proceedings arising under title 11, or arising in or related to cases under title 11. (c)(1) Except with respect to a case under chapter 15 of title 11, nothing in this section pre- vents 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 pro- ceeding 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 ac- tion 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. (d) Any decision to abstain or not to abstain made under subsection (c) (other than a decision not to abstain in a proceeding described in sub- section (c)(2)) is not reviewable by appeal or oth- erwise by the court of appeals under section 158(d), 1291, or 1292 of this title or by the Su- preme Court of the United States under section 1254 of this title. Subsection (c) and this sub- section shall not be construed to limit the appli- cability of the stay provided for by section 362 of title 11, United States Code, as such section ap- plies to an action affecting the property of the estate in bankruptcy. (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 disclo- sure requirements under section 327. (June 25, 1948, ch. 646, 62 Stat. 931; Pub. L. 95–598, title II, § 238(a), Nov. 6, 1978, 92 Stat. 2667; Pub. L. 98–353, title I, § 101(a), July 10, 1984, 98 Stat. 333; Pub. L. 99–554, title I, § 144(e), Oct. 27, 1986, 100 Stat. 3096; Pub. L. 101–650, title III, § 309(b), Dec. 1, 1990, 104 Stat. 5113; Pub. L. 103–394, title I, § 104(b), Oct. 22, 1994, 108 Stat. 4109; Pub. L. 109–8, title III, § 324(a), title VIII, § 802(c)(2), title XII, § 1219, Apr. 20, 2005, 119 Stat. 98, 145, 195.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 41(19) and 371(6) (Mar. 3, 1911, ch. 231, §§ 24, par. 19, 256, par. 6, 36 Stat. 1093, 1160). Changes in phraseology were made. Editorial Notes AMENDMENTS 2005—Subsec. (b). Pub. L. 109–8, § 324(a)(1), substituted ‘‘Except as provided in subsection (e)(2), and notwith- standing’’ for ‘‘Notwithstanding’’. 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’’. 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 sub- section’’. 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 jurisdic- tion of all of the property, wherever located, of the debtor as of the commencement of such case, and of property of the estate.’’ 1994—Subsecs. (c)(2), (d). Pub. L. 103–394, § 104(b)(2), in- serted ‘‘(other than a decision not to abstain in a pro- ceeding described in subsection (c)(2))’’ after ‘‘sub- section’’ in second sentence of subsec. (c)(2) and des- ignated that sentence and third sentence of subsec. (c)(2) as subsec. (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 103–394, § 104(b)(1), redesignated subsec. (d) as (e). 1990—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. 1986—Subsec. (d). Pub. L. 99–554 substituted ‘‘and of property of the estate’’ for ‘‘and of the estate’’. 1984—Pub. L. 98–353 in amending section generally, substituted ‘‘cases’’ for ‘‘matters’’ in section catchline, designated existing provision as subsec. (a), and in sub- sec. (a) as so designated, substituted ‘‘Except as pro- vided 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). 1978—Pub. L. 95–598 directed the general amendment of section to relate to bankruptcy appeals, which amendment did not become effective pursuant to sec- tion 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2005 AMENDMENT 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 enact- ment 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 appli- cable with respect to cases commenced under Title 11, Bankruptcy, before such effective date, except as other- wise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of Title 11. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before Oct. 22, 1994, see sec- tion 702 of Pub. L. 103–394, set out as a note under sec- tion 101 of Title 11. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–554 effective 30 days after Oct. 27, 1986, see section 302(a) of Pub. L. 99–554, set out as a note under section 581 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–353 effective July 10, 1984, except that subsec. (c)(2) not applicable with respect to cases under Title 11, Bankruptcy, that are pending on July 10, 1984, or to proceedings arising in or related to such cases, see section 122(a), (b) of Pub. L. 98–353, set out as an Effective Date note under section 151 of this title. Page 370 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1335 JURISDICTION OVER AND TRANSFER OF BANKRUPTCY CASES AND PROCEEDINGS Pub. L. 98–353, title I, § 115, July 10, 1984, 98 Stat. 343, provided that: ‘‘(a) On the date of the enactment of this Act [July 10, 1984] the appropriate district court of the United States shall have jurisdiction of— ‘‘(1) cases, and matters and proceedings in cases, under the Bankruptcy Act [former Title 11, Bank- ruptcy] that are pending immediately before such date in the bankruptcy courts continued by section 404(a) of the Act of November 6, 1978 (Public Law 95–598; 92 Stat. 2687) [formerly set out as a note pre- ceding section 151 of this title], and ‘‘(2) cases under title 11 of the United States Code, and proceedings arising under title 11 of the United States Code or arising in or related to cases under title 11 of the United States Code, that are pending immediately before such date in the bankruptcy courts continued by section 404(a) of the Act of No- vember 6, 1978 (Public Law 95–598; 92 Stat. 2687). ‘‘(b) On the date of the enactment of this Act [July 10, 1984], there shall be transferred to the appropriate district court of the United States appeals from final judgments, orders, and decrees of the bankruptcy courts pending immediately before such date in the bankruptcy appellate panels appointed under section 405(c) of the Act of November 6, 1978 (Public Law 95–598; 92 Stat. 2685) [formerly set out as a note preceding sec- tion 1471 of this title].’’ § 1335. Interpleader (a) The district courts shall have original ju- risdiction of any civil action of interpleader or in the nature of interpleader filed by any person, firm, or corporation, association, or society hav- ing in his or its custody or possession money or property of the value of $500 or more, or having issued a note, bond, certificate, policy of insur- ance, or other instrument of value or amount of $500 or more, or providing for the delivery or payment or the loan of money or property of such amount or value, or being under any obli- gation written or unwritten to the amount of $500 or more, if (1) Two or more adverse claimants, of diverse citizenship as defined in subsection (a) or (d) of section 1332 of this title, are claiming or may claim to be entitled to such money or property, or to any one or more of the benefits arising by virtue of any note, bond, certificate, policy or other instrument, or arising by virtue of any such obligation; and if (2) the plaintiff has de- posited such money or property or has paid the amount of or the loan or other value of such in- strument or the amount due under such obliga- tion into the registry of the court, there to abide the judgment of the court, or has given bond payable to the clerk of the court in such amount and with such surety as the court or judge may deem proper, conditioned upon the compliance by the plaintiff with the future order or judgment of the court with respect to the subject matter of the controversy. (b) Such an action may be entertained al- though the titles or claims of the conflicting claimants do not have a common origin, or are not identical, but are adverse to and inde- pendent of one another. (June 25, 1948, ch. 646, 62 Stat. 931; Pub. L. 109–2, § 4(b)(1), Feb. 18, 2005, 119 Stat. 12.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 41(26) (Mar. 3, 1911, ch. 231, § 24, par. 26, as added Jan. 20, 1936, ch. 13, § 1, 49 Stat. 1096). Words ‘‘civil action’’ were substituted for ‘‘suits in equity’’; word ‘‘plaintiff’’ was substituted for ‘‘com- plainant’’; and word ‘‘judgment’’ was substituted for ‘‘decree,’’ in order to make the language of this section conform with the Federal Rules of Civil Procedure. The words ‘‘duly verified’’ following ‘‘in the nature of interpleader,’’ near the beginning of the section, were omitted. Under Rule 11 of the Federal Rules of Civil Procedure pleadings are no longer required to be verified or accompanied by affidavit unless specially re- quired by statute. Although verification was specially required by section 41(26) of title 28, U.S.C., 1940 ed., the need therefor is not apparent. Provisions of section 41(26)(b) of title 28, U.S.C., 1940 ed., relating to venue are the basis of section 1397 of this title. (See, also, reviser’s note under said section.) Subsections (c) and (d) of said section 41(26) relating to issuance of injunctions constitute section 2361 of this title. (See reviser’s note under said section.) Subsection (e) of such section 41(26), relating to de- fense in nature of interpleader and joinder of additional parties, was omitted as unnecessary, such matters being governed by the Federal Rules of Civil Procedure. Changes were made in phraseology. Editorial Notes AMENDMENTS 2005—Subsec. (a)(1). Pub. L. 109–2 inserted ‘‘subsection (a) or (d) of’’ before ‘‘section 1332’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2005 AMENDMENT Amendment by Pub. L. 109–2 applicable to any civil action commenced on or after Feb. 18, 2005, see section 9 of Pub. L. 109–2, set out as a note under section 1332 of this title. § 1336. Surface Transportation Board’s orders (a) Except as otherwise provided by Act of Congress, the district courts shall have jurisdic- tion of any civil action to enforce, in whole or in part, any order of the Surface Transportation Board, and to enjoin or suspend, in whole or in part, any order of the Surface Transportation Board for the payment of money or the collec- tion of fines, penalties, and forfeitures. (b) When a district court or the United States Court of Federal Claims refers a question or issue to the Surface Transportation Board for determination, the court which referred the question or issue shall have exclusive jurisdic- tion of a civil action to enforce, enjoin, set aside, annul, or suspend, in whole or in part, any order of the Surface Transportation Board aris- ing out of such referral. (c) Any action brought under subsection (b) of this section shall be filed within 90 days from the date that the order of the Surface Transpor- tation Board becomes final. (June 25, 1948, ch. 646, 62 Stat. 931; Pub. L. 88–513, § 1, Aug. 30, 1964, 78 Stat. 695; Pub. L. 93–584, § 1, Jan. 2, 1975, 88 Stat. 1917; Pub. L. 97–164, title I, § 128, Apr. 2, 1982, 96 Stat. 39; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 104–88, title III, § 305(a)(1), (2), Dec. 29, 1995, 109 Stat. 944.)