Authority of the Bankruptcy Court - Explained
Power of the Bankruptcy Court
Written by Jason Gordon
Updated at September 26th, 2021
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Table of Contents
What is the authority of the bankruptcy court?Discussion QuestionAcademic ResearchWhat is the authority of the bankruptcy court?
The bankruptcy court has the authority to hear any case arising under the bankruptcy system. Generally, the role of the court is simply to approve a plan of liquidation or reorganization. The courts role expands when there is some level of dispute between debtor and creditor. In a dispute, the bankruptcy court does not allow for a jury trial. A bankruptcy judge, appointed pursuant to Article I of the US Constitution, is charged with hearing the case.
Matters arising under the bankruptcy system commonly include administration of the bankruptcy estate, allowance of claims against the estate, counterclaims by the estate against claimants, exemptions of estate property, and matters relating to confirmation of a plan of reorganization. The court may also enter appropriate orders and judgments as provided for under the bankruptcy code.
Next Article: Role of the Trustee in Bankruptcy Back to: BANKRUPTCY LAW
Related Topics
- Participants in the bankruptcy process?
- Key concepts behind the bankruptcy process?
- Absolute Priority Rule
- Pari Passu
- What rules govern the bankruptcy process?
- Bankruptcy Abuse Prevention and Consumer Protection Act
- American Bankruptcy Institute Definition
- Authority of the bankruptcy court?
- Authority of the trustee (debtor in possession) in bankruptcy?
- Debtor in Possession
- The bankruptcy estate?
- Bulk Sales Law
- Automatic stay in bankruptcy?
- Claims by creditors of the bankruptcy estate?
- Voluntary and involuntary bankruptcy?
Discussion Question
Why do you think the jurisdiction of the bankruptcy court is limited? Hint: Think about the constitutional authority of the bankruptcy court.