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In the United States, Federal Courts have subject matter jurisdiction over Bankruptcy cases. Bankruptcy cases cannot be filed in state court. Each of the 94 federal judicial districts handles bankruptcy matters. The bankruptcy judges in each judicial district in regular active service constitute a "unit" of the applicable United States District Court (see ). The bankruptcy judge is appointed for a term of fourteen years by the United States Court of Appeals for the circuit in which the applicable district is located (see ). Technically, the United States district courts have subject matter jurisdiction over bankruptcy matters (see ). However, each such district court may, by order, "refer" bankruptcy matters to the Bankruptcy Court (see ). As a practical matter, most district courts have a standing "reference" order to that effect, so that all bankruptcy cases in that district are handled, at least initially, by the Bankruptcy Court. In unusual circumstances, a district court may in a particular case "withdraw the reference" (i.e., take the case or a particular proceeding within the case away from the Bankruptcy Court and decide the matter itself) under . The overwhelming majority of all proceedings in bankruptcy are held before a United States bankruptcy judge, whose decision in all matters is final, subject to Appeal s to the District Judge for review of the decision. EXTERNAL LINKS |
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