The following excerpt is from Todd v. Lowell E. Rothschild, Chapter 11 Tr. for Fort Defiance Hous. Corp. (In re Todd), BAP No. NV-14-1255-JuKuD, BAP No. NV-14-1280-JuKuD (Cross-Appeals) (B.A.P. 9th Cir. 2015):
We are required to consider the presence or absence of subject matter jurisdiction sua sponte. Cannon v. Haw. Corp. (In re Haw. Corp.), 796 F.2d 1139, 1141 (9th Cir. 1986). The bankruptcy court's jurisdiction is grounded in, and limited by, statute. Kirton v. Valley Health Sys. (In re Valley Health Sys.), 471 B.R. 555, 563 (9th Cir. BAP 2012). Under 28 U.S.C. 1334(e)(1), the bankruptcy court has exclusive jurisdiction "of all the property, wherever located, of the debtor as of the commencement of such case, and of property of the estate."
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.