One Hundred Years of Federal Bankruptcy Law and Still Clinging to an In Rem Model of Bankruptcy Jurisdiction

Research output: Contribution to journalArticle

Abstract

This essay sketches the historical development of bankruptcy jurisdiction as a means of assessing the prevailing contemporary model of the outer limits of federal bankruptcy jurisdiction, as embodied primarily in the so-called Pacor test. This historical lens reveals an anomalous in rem slant that persists in federal bankruptcy jurisdiction, despite both clear congressional intent to rid bankruptcy jurisdiction of in rem strictures and significant deleterious consequences for the efficacy of federal bankruptcy
Original languageEnglish (US)
Pages (from-to)261-284
Number of pages25
JournalEmory Bankruptcy Developments Journal
Volume15
StatePublished - 1999

Keywords

  • Bankruptcy jurisdiction
  • federal jurisdiction theory
  • supplemental jurisdiction
  • constitutional federal question jurisdiction
  • Osborn federal entity theory
  • Osborn original intent
  • related-to bankruptcy jurisdiction
  • Pactor test
  • summary jurisdiction
  • plenary jurisdiction
  • in rem jurisdiction

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