1 Collier Bankruptcy Practice Guide P 19.04

Summary

The jurisdiction of the bankruptcy court to preside over cases commenced under chapter 15 derives from the general grant of original and exclusive jurisdiction over cases under title 11 to the United States district court in which a case under title 11 is commenced.1 Section 1334(c) of the Judicial Code generally permits the district court to abstain from hearing a proceeding in the interests of justice or in deference to a State court or law. The 2005 Act amended this section to preclude abstention from chapter 15 cases, requiring the district court to hear a request for recognition of a foreign proceeding.2 Several courts have viewed the introductory language of section 1334(c) more broadly than intended by the drafters.3