1481. 1482. Creation or alteration of district or division. Cure or waiver of defects. Removal to the bankruptcy courts. Powers of bankruptcy court. JURISDICTION AND PROCEDURE During TRANSITION Pub. L. 95-598, title IV, § 405, Nov. 6, 1978, 92 Stat. 2685, provided that: "(a)(1) All cases commenced under title 11 of the United States Code during the transition period shall be referred to the United States bankruptcy judges. The United States bankruptcy judges may exercise in such cases the jurisdiction and powers conferred by subsection (b) of this section on the courts of bankruptcy continued by section 404(a) of this Act [set out in a note preceding section 151 of this title], and all proceedings in such cases shall be before the United States bankruptcy judges, except "(A) a proceeding to enjoin a court; "(B) a proceeding to punish a criminal contempt"(i) not committed in the bankruptcy judge's actual presence; or or "(ii) warranting a punishment of imprisonment; "(C) an appeal from a judgment, order, decree, or decision of a United States bankruptcy judge. "(2) Except as provided in subsection (c) of this section, any proceeding in a court of bankruptcy in a case under title 11 of the United States Code that is not before the United States bankruptcy judge shall be before the judge of the court of bankruptcy for the district in which such case is pending. "(b) During the transition period, the amendments made by sections 241 [enacting this chapter], 243 [amending section 1869 of this title], 250 [enacting section 2256 of this title], and 252 [amending rule 1101 of the Federal Rules of Evidence] of this Act shall apply to the courts of bankruptcy continued by section 404(a) of this Act [set out in a note preceding section 151 of this title] the same as such amendments apply to the United States bankruptcy courts established under section 201 of this Act [enacting chapter 6 of this title]. "(c)(1) During the transition period, an appeal from a judgment, order, or decree of a United States bankruptcy judge shall be "(A) if the circuit council of the circuit in which the bankruptcy judge sits so orders for the district in which the bankruptcy judge sits, then to a panel of three bankruptcy judges appointed in the manner prescribed by section 160 of title 28 of the United States Code, as added by section 201 of this Act; "(B) if the parties to the appeal agree to a direct appeal to the court of appeals for such circuit, then to such court of appeals; or "(C) to the district court for the district in which the bankruptcy judge sits. "(2) During the transition period, the jurisdiction of the district courts, the courts of appeals, and panels of bankruptcy judges to hear appeals shall be the same as the jurisdiction of such courts and panels granted under the amendments made by sections 236 [enacting section 1293 of this title], 237 [amending section 1294 of this title], 238 [amending section 1334 of this title], and 241 [enacting this chapter] of this Act to hear appeals from the judgments, orders, and decrees of the bankruptcy courts established under section 201 of this Act [enacting chapter 6 of this title]. "(d) The rules prescribed under section 2075 of title 28 of the United States Code and in effect on September 30, 1979, shall apply to cases under title 11, to the extent not inconsistent with the amendments made by this Act, or with this Act [see Tables for complete classification of Pub. L. 95-5981, until such rules are repealed or superseded by rules prescribed and effective under such section, as amended by section 248 of this Act." TRANSITION TO NEW COURT SYSTEM Pub. L. 95-598, title IV, § 409, Nov. 6, 1978, 92 Stat. 2687, provided that: “(a) On April 1, 1984, there shall be transferred to the appropriate United States bankruptcy court established under section 201 of this Act [enacting chapter 6 of this title] "(1) cases, and matters and proceedings in cases, under the Bankruptcy Act [former Title 11, Bankruptcy] that are pending, at the end of September 30, 1983, in the courts of bankruptcy continued under section 404(a) of this Act [set out in a note preceding section 151 of this title], other than cases, and matters and proceedings in cases, under "(A) section 77 [section 205 of former Title 11] or chapter IX [section 401 et seq. of former Title 11] of the Bankruptcy Act; or "(B) chapter X of the Bankruptcy Act [section 501 et seq. of former Title 11] in which a general reference under section 117 of the Bankruptcy Act [section 517 of former Title 11] is not in effect; and "(2) cases, and proceedings arising under or related to cases, under title 11 of the United States Code that are pending, at the end of March 31, 1984, in the courts of bankruptcy continued under section 404(a) of this Act [set out in a note preceding section 151 of this title]. "(b) Civil actions pending on March 31, 1984, over which a United States bankruptcy court established under section 201 of this Act [enacting chapter 6 of this title has jurisdiction on April 1, 1984, shall not abate, but continuation of any such action that has not been finally determined before April 1, 1985, may be enjoined, and any claims or causes of actions not resolved may be removed to a bankruptcy court under chapter 90 of title 28 of the United States Code. "(c) All Government publications, law books, recording equipment, and other property furnished to bankruptcy judges' offices as of March 31, 1984, and of particular use to the offices of the judges of the United States bankruptcy courts, shall be transferred to the United States bankruptcy courts under the supervision of the Director of the Administrative Office of the United States Courts." ADDITIONAL RULEMAKING POWER Pub. L. 95-598, title IV, § 410, Nov. 6, 1978, 92 Stat. 2687, provided that: "The Supreme Court may issue such additional rules of procedure, consistent with Acts of Congress, as may be necessary for the orderly transfer of functions and records and the orderly transition to the new bankruptcy court system created by this Act [see Tables for complete classification]." § 1471. Jurisdiction (a) Except as provided in subsection (b) of this section, the district courts shall have original and exclusive jurisdiction of all cases under title 11. (b) Notwithstanding any Act of Congress that confers exclusive jurisdiction on a court or courts other than the district courts, the district courts shall have original but not exclusive jurisdiction of all civil proceedings arising under title 11 or arising in or related to cases under title 11. (c) The bankruptcy court for the district in which a case under title 11 is commenced shall exercise all of the jurisdiction conferred by this section on the district courts. (d) Subsection (b) or (c) of this section does not prevent a district court or a bankruptcy court, in the interest of justice, from abstaining from hearing a particular proceeding arising under title 11 or arising in or related to a case under title 11. Such abstention, or a decision not to abstain, is not reviewable by appeal or otherwise. (e) The bankruptcy court in which a case under title 11 is commenced shall have exclusive jurisdiction of all of the property, whereever located, of the debtor, as of the commencement of such case. (Added Pub. L. 95-598, title II, § 241(a), Nov. 6, 1978, 92 Stat. 2668.) EFFECTIVE DATE Chapter effective Apr. 1, 1984, see section 402(b) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. For Bankruptcy jurisdiction and procedure during transition period, see note preceding section 1471 of this title. § 1472. Venue of cases under title 11 Except as provided in section 1474 of this title, a case under title 11 may be commenced in the bankruptcy court for a district (1) in which the domicile, residence, principal place of business, in the United States, or principal assets, in the United States, of the person or entity that is the subject of such case have been located for the 180 days immediately preceding such commencement, or for a longer portion of such 180-day period than the domicile, residence, principal place of business, in the United States, or principle1 assets, in the United States, of such person were located in any other district; or (2) in which there is pending a case under title 11 concerning such person's affiliate, general partner, or partnership. (Added Pub. L. 95-598, title II, § 241(a), Nov. 6, 1978, 92 Stat. 2669.) § 1473. Venue of proceedings arising under or related to cases under title 11 (a) Except as provided in subsections (b) and (d) of this section, a proceeding arising in or related to a case under title 11 may be commenced in the bankruptcy court in which such case is pending. 'So in original. Probably should be "principal". (b) Except as provided in subsection (d) of this section, a trustee in a case under title 11 may commence a proceeding arising in or related to such case to recover a money judgment of or property worth less than $1,000 or a consumer debt of less than $5,000 only in the bankruptcy court for the district in which a defendant resides. (c) Except as provided in section (b) of this section, a trustee in a case under title 11 may commence a proceeding arising in or related to such case as statutory successor to the debtor or creditors under section 541 or 544(b) of title 11 in the bankruptcy court for the district where the State or Federal court sits in which, under applicable nonbankruptcy venue provisions, the debtor or creditors, as the case may be, may have commenced an action on which such proceeding is based if the case under title 11 had not been commenced. (d) A trustee may commence a proceeding arising under title 11 or arising in or related to a case under title 11 based on a claim arising after the commencement of such case from the operation of the business of the debtor only in the bankruptcy court for the district where a State or Federal court sits in which, under applicable nonbankruptcy venue provisions, an action on such claim may have been brought. (e) A proceeding arising in or related to a case under title 11, based on a claim arising after the commencement of such case from the operation of the business of the debtor, may be commenced against the representative of the estate in such case in the bankruptcy court for the district where the State or Federal court sits in which the party commencing such proceeding may, under applicable nonbankruptcy venue provisions, have brought an action on such claim, or in the bankruptcy court in which such case in 2 pending. (Added Pub. L. 95-598, title II, § 241(a), Nov. 6, 1978, 92 Stat. 2669.) § 1474. Venue of cases ancillary to foreign proceedings (a) A case under section 304 of title 11 to enjoin the commencement or continuation of an action or proceeding in a State or Federal court, or the enforcement of a judgment, may be commenced only in the bankruptcy court for the district where the State or Federal court sits in which is pending the action or proceeding against which the injunction is sought. (b) A case under section 304 of title 11 to enjoin the enforcement of a lien against property, or to require turnover of property of an estate, may be commenced only in the bankruptcy court for the district in which such property is found. (c) A case under section 304 of title 11, other than a case specified in subsection (a) or (b) of this section, may be commenced only in the bankruptcy court for the district in which is located the principal assets in the United States, of the estate that is the subject of such case. 'So in original. Probably should be "is". (Added Pub. L. 95-598, title II, § 241(a), Nov. 6, 1978, 92 Stat. 2670.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1472 of this title. § 1475. Change of venue A bankruptcy court may transfer a case under title 11 or a proceeding arising under or related to such a case to a bankruptcy court for another district, in the interest of justice and for the convenience of the parties. (Added Pub. L. 95-598, title II, § 241(a), Nov. 6, 1978, 92 Stat. 2670.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1477 of this title. § 1476. Creation or alteration of district or division Cases or proceedings pending at the time of the creation of a new district or division or transfer of a county or territory from one division or district to another may be tried in the district or division as it existed at the institution of the case or proceeding, or in the district or division so created or to which the county or territory is so transferred as the parties shall agree or the court direct. (Added Pub. L. 95-598, title II, § 241(a), Nov. 6, 1978, 92 Stat. 2670.) § 1477. Cure or waiver of defects (a) The bankruptcy court of a district in which is filed a case or proceeding laying venue in the wrong division or district may, in the interest of justice and for the convenience of the parties, retain such case or proceeding, or may transfer, under section 1475 of this title, such case or proceeding to any other district or division. (b) Nothing in this chapter shall impair the jurisdiction of a bankruptcy court of any matter involving a party who does not interpose timely and sufficient objection to the venue. (Added Pub. L. 95-598, title II, § 241(a), Nov. 6, 1978, 92 Stat. 2670.) § 1478. Removal to the bankruptcy courts (a) A party may remove any claim or cause of action in a civil action, other than a proceeding before the United States Tax Court or a civil action by a Government unit to enforce such governmental unit's police or regulatory power, to the bankruptcy court for the district where such civil action is pending, if the bankruptcy courts have jurisdiction over such claim or cause of action. (b) The court to which such claim or cause of action is removed may remand such claim or cause of action on any equitable ground. An order under this subsection remanding a claim or cause of action, or a decision not so remanding, is not reviewable by appeal or otherwise. (Added Pub. L. 95-598, title II, § 241(a), Nov. 6, 1978, 92 Stat. 2670.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1479 of this title. § 1479. Provisional remedies; security (a) Whenever any action is removed to a bankruptcy court under section 1478 of this title, any attachment or sequestration of the goods or estate of the defendant in such action shall hold the goods or estate to answer the final judgment or decree in the same manner as they would have been held to answer final judgment or decree had it been rendered by the court from which the action was removed, unless the attachment or sequestration is invalidated under applicable law. (b) Any bond, undertaking, or security given by either party in an action prior to removal under section 1478 of this title shall remain valid and effectual notwithstanding such removal, unless such bond, undertaking, or other security is invalidated under applicable law. (c) All injunctions, orders, or other proceedings in an action prior to removal of such action under section 1478 of this title shall remain in full force and effect until dissolved or modified by the bankruptcy court. (Added Pub. L. 95-598, title II, § 241(a), Nov. 6, 1978, 92 Stat. 2670.) § 1480. Jury trials (a) Except as provided in subsection (b) of this section, this chapter and title 11 do not affect any right to trial by jury, in a case under title 11 or in a proceeding arising under title 11 or arising in or related to a case under title 11, that is provided by any statute in effect on September 30, 1979. (b) The bankruptcy court may order the issues arising under section 303 of title 11 to be tried without a jury. (Added Pub. L. 95-598, title II, § 241(a), Nov. 6, 1978, 92 Stat. 2671.) § 1481. Powers of bankruptcy court A bankruptcy court shall have the powers of a court of equity, law, and admiralty, but may not enjoin another court or punish a criminal contempt not committed in the presence of the judge of the court or warranting a punishment of imprisonment. (Added Pub. L. 95-598, title II, § 241(a), Nov. 6, 1978, 92 Stat. 2671.) § 1482. Appeals (a) Panels designated under section 160(a) of this title shall have jurisdiction of appeals from all final judgments, orders, and decrees of bankruptcy courts. (b) Panels designated under section 160(a) of this title shall have jurisdiction of appeals from interlocutory judgments, orders, and decrees of bankruptcy courts, but only by leave of the panel to which the appeal is taken. (Added Pub. L. 95-598, title II, § 241(a), Nov. 6, 1978, 92 Stat. 2671.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1293 of this title. CHAPTER 91-COURT OF CLAIMS CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 5 section 7703. § 1491. Claims against United States generally; actions involving Tennessee Valley Authority The Court of Claims shall have jurisdiction to render judgment upon any claim against the United States founded either upon the Constitution, or any Act of Congress, or any regulation of an executive department, or upon any express or implied contract with the United States, or for liquidated or unliquidated damages in cases not sounding in tort. For the purpose of this paragraph, an express or implied contract with the Army and Air Force Exchange Service, Navy Exchanges, Marine Corps Exchanges, Coast Guard Exchanges, or Exchange Councils of the National Aeronautics and Space Administration shall be considered an express or implied contract with the United States. To provide an entire remedy and to complete the relief afforded by the judgment, the court may, as an incident of and collateral to any such judgment, issue orders directing restoration to office or position, placement in appropriate duty or retirement status, and correction of applicable records, and such orders may be issued to any appropriate official of the United States. In any case within its jurisdiction, the court shall have the power to remand appropriate matters to any administrative or executive body or official with such direction as it may deem proper and just. The Court of Claims shall have jurisdiction to render judgment upon any claim by or against, or dispute with, a contractor arising under the Contract Disputes Act of 1978. Nothing herein shall be construed to give the Court of Claims jurisdiction of any civil action within the exclusive jurisdiction of the Court of International Trade, or of any action against, or founded on actions of, the Tennessee Valley Authority, nor to amend or modify the provisions of the Tennessee Valley Authority Act of 1933, as amended, with respect to suits by or against the Authority. (As amended Nov. 1, 1978, Pub. L. 95-563, § 14(1), 92 Stat. 2391; Oct. 10, 1980, Pub. L. 96-417, title V, § 509, 94 Stat. 1743.) REFERENCES IN TEXT The Contracts Disputes Act of 1978, referred to in text, is Pub. L. 95-563, Nov. 1, 1978, 92 Stat. 2383, which is classified principally to chapter 9 (§ 601 et seq.) of Title 41, Public Contracts. For complete classification of this Act to the Code, see Short Title note set out under section 601 of Title 41 and Tables. AMENDMENTS 1980-Pub. L. 96-417, in second paragraph, substituted "Court of Claims of any civil action within the exclusive jurisdiction of the Court of International Trade, or of any action" for "in suits". 1978-Pub. L. 95-563 provided that the Court of Claims would have jurisdiction to render judgment upon any claim by or against, or dispute with, a con tractor arising under the Contract Disputes Act of 1978. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-417 effective on Nov. 1, 1980 and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96-417, set out as an Effective Date of 1980 Amendment note under section 251 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-563 effective with respect to contracts entered into 120 days after Nov. 1, 1978, and, at the election of the contractor, with respect to any claim pending at such time before the contracting officer or initiated thereafter, see section 16 of Pub. L. 95-563, set out as an Effective Date note under section 601 of Title 41, Public Contracts. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2409a, 2510 of this title; title 25 section 70a; title 41 section 602; title 42 section 4654; title 45 section 1018; title 46 section 1242; title 47 section 606. § 1492. Congressional reference cases SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2509 of this title; title 17 section 502. § 1498. Patent and copyright cases [See main edition for text of (a)] (b) Hereafter, whenever the copyright in any work protected under the copyright laws of the United States shall be infringed by the United States, by a corporation owned or controlled by the United States, or by a contractor, subcontractor, or any person, firm, or corporation acting for the Government and with the authorization or consent of the Government, the exclusive remedy of the owner of such copyright shall be by action against the United States in the Court of Claims for the recovery of his reasonable and entire compensation as damages for such infringement, including the minimum statutory damages as set forth in section 504(c) of title 17, United States Code: Provided, That a Government employee shall have a right of action against the Government under this subsection except where he was in a position to order, influence, or induce use of the copyrighted work by the Government: Provided, however, That this subsection shall not confer a right of action on any copyright owner or any assignee of such owner with respect to any copyrighted work prepared by a person while in the employment or service of the United States, where the copyrighted work was prepared as a part of the official functions of the employee, or in the preparation of which Government time, material, or facilities were used: And provided further, That before such action against the United States has been instituted the appropriate corporation owned or controlled by the United States or the head of the appropriate department or agency of the Government, as the case may be, is authorized to enter into an agreement with the copyright owner in full settlement and compromise for the damages accruing to him by reason of such infringement and to settle the claim administratively out of available appropriations. Except as otherwise provided by law, no recovery shall be had for any infringement of a copyright covered by this subsection committed more than three years prior to the filing of the complaint or counterclaim for infringement in the action, except that the period between the date of receipt of a written claim for compensation by the Department or agency of the Government or corporation owned or controlled by the United States, as the case may be, having authority to settle such claim and the date of mailing by the Government of a notice to the claimant that his claim has been denied shall not be counted as a part of the three years, unless suit is brought before the last-mentioned date. [See main edition for text of (c) and (d)] (As amended Oct. 19, 1976, Pub. L. 94-553, title I, § 105(c), 90 Stat. 2599.) § 1541. Appeals from Court of International Trade decisions (a) The Court of Customs and Patent Appeals shall have exclusive jurisdiction of appeals from all final decisions of the Court of International Trade. (b) When the chief judge of the Court of International Trade issues an order under the provisions of section 256(b) of this title; or when any judge in the Court of International Trade, in issuing any other interlocutory order, includes in the order a statement that a controlling question of law is involved as to which there is substantial ground for difference of opinion and that an immediate appeal from its order may materially advance the ultimate termination of the litigation, the Court of Customs and Patent Appeals may, in its discretion, permit an appeal to be taken from such order, if application is made to it within ten days after the entry of the order: Provided, however, That neither the application for nor the granting of an appeal hereunder stays proceedings in the Court of International Trade unless a stay is ordered by a judge of the Court of International Trade or by the Court of Customs and Patent Appeals or a judge of that court. (c) The Court of Customs and Patent Appeals shall have exclusive jurisdiction of appeals from interlocutory orders of the Court of International Trade granting, continuing, modifying, refusing, or dissolving injunctions, or refusing to dissolve or modify injunctions. (As amended July 26, 1979, Pub. L. 96-39, title X, § 1001(b)(4)(A), 93 Stat. 305; Oct. 10, 1980, Pub. L. 96-417, title IV, §401(a), title V, § 501(23), (24), 94 Stat. 1740, 1742.) AMENDMENTS 1980-Pub. L. 96-417, § 501(23), substituted "Court of International Trade" for "Customs Court" in section heading. Subsec. (a). Pub. L. 96-417, § 401(a)(1), redesignated the United States Customs Court as the Court of International Trade, made the appellate jurisdiction exclusive, substituted "final decisions" for "final judgments or orders", and deleted provision for appellate jurisdiction from interlocutory orders, which is covered in subsec. (c) of this section. Subsec. (b). Pub. L. 96-417, § 501(24), redesignated the Customs Court as the Court of International Trade. Subsec. (c). Pub. L. 96-417, § 401(a)(2), added subsec. (c). 1979-Subsec. (a). Pub. L. 96-39 extended appellate jurisdiction over interlocutory orders granting, continuing, modifying, refusing, or dissolving injunctions, or refusing to dissolve or modify injunctions under section 516A(c)(2) of the Tariff Act of 1930. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-417 effective on Nov. 1, 1980 and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96-417, set out as an Effective Date of 1980 Amendment note under section 251 of this title. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-39 effective on the date on which title VII of the Tariff Act of 1930 takes effect, which title, under section 107 of Pub. L. 96-39, shall take effect on Jan. 1, 1980, with certain conditions, see sections 107 and 1002 of Pub. L. 96-39, set out as Effective Date notes under sections 1516a and 1671 of Title 19, Customs Duties. § 1543. International Trade Commission determinations The Court of Customs and Patent Appeals shall have jurisdiction to review the final determinations of the United States International Trade Commission made under section 337 of the Tariff Act of 1930 relating to unfair trade practices in import trade. (As amended Oct. 10, 1980, Pub. L. 96-417, title IV, § 401(b)(1), 94 Stat. 1740.) REFERENCES IN TEXT Section 337 of the Tariff Act of 1930, referred to in text, is classified to section 1337 of Title 19, Customs Duties. |