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 language | English (US) |
|---|---|
| Pages (from-to) | 261-284 |
| Number of pages | 25 |
| Journal | Emory Bankruptcy Developments Journal |
| Volume | 15 |
| State | Published - 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