Does section 311 of the Bankruptcy Act give the bankruptcy court exclusive jurisdiction of the debtor and its property, wherever it is located?
MultiRegion, United States of America
The following excerpt is from Fidelity Mortg. Investors v. Camelia Builders, Inc., 550 F.2d 47 (2nd Cir. 1977):
We disagree. Section 311 of the Bankruptcy Act, 11 U.S.C. 711, confides to the bankruptcy court "exclusive jurisdiction of the debtor and its property, wherever located." Statutes which confide exclusive jurisdiction to specialized courts are not to be construed in a manner which impairs that exclusivity. Exclusive jurisdiction means exclusive jurisdiction. Fritz v. United States, 535 F.2d 1192 (9th Cir. 1976).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does Section 542 of the Bankruptcy and Insolvency Act, 542(1) of the Code of Civil Procedure, which prohibits a debtor from entering into bankruptcy, or does the Debtors have to close the transactions in order to get out of bankruptcy? (federal, United States of America)
Does a bankruptcy court have in rem jurisdiction over a debtor's property and the disposition of that property? (MultiRegion, United States of America)
When a non-debtor spouse of a debtor is in a bankruptcy proceeding, does the debtor have any interest in property that would have been part of the debtor's estate? (federal, United States of America)
Is there any case law where a bankruptcy court erred when it rejected an appeal from a debtor who argued that the debtor should be declared bankrupt because the debtor was unable to access the debtor's assets? (federal, United States of America)
Does a debtor's discharge in bankruptcy affect the lien by judgment which had attached to the debtor's property before he filed his petition in bankruptcy? ("New York", United States of America)
When a debtor files for bankruptcy relief in the federal bankruptcy court, does the debtor have access to letters of credit? (MultiRegion, United States of America)
Is a debtor who transfers property to a non-arms’ length third party who has transferred property subject to the debtor’s subsequent bankruptcy? (Canada (Federal), Canada)
What are the implications of a federal bankruptcy court's affirmance of a bankruptcy court order requiring the debtor to repay a judgment against him? (MultiRegion, United States of America)
Does a bankruptcy court have jurisdiction to exclude a debtor's assets from their bankruptcy estate? (federal, United States of America)
What is the test for a federal district court to determine whether a state court or federal court has jurisdiction to rule on a federal Railroad Commission case? (MultiRegion, United States of America)
