New York University Law Review
This Note offers a framework for analyzing related-to bankruptcy jurisdiction under 28 U.S.C. § 1334 that courts can implement immediately within the bounds of the statute and case law. It argues that that the requirements for related-to jurisdiction should be better deployed in accordance with the relative merits of jurisdictional rules and standards. Part I describes the requirements that courts impose to test related-to bankruptcy jurisdiction. Part II demonstrates how the requirements for related-to jurisdiction can be better deployed in accordance with the relative merits of jurisdictional rules and standards. Part III proposes a broad threshold inquiry backstopped by a robust abstention doctrine, which will allow courts to both define bright boundaries where possible and fulfill the policy objectives of bankruptcy jurisdiction on a case-by-case basis.
Designing Related-To Bankruptcy Jurisdiction, 89 N.Y.U. L. REV. 390
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