Chapter 4, J. Jurisdiction over Property

• Jurisdiction: United States

J. Jurisdiction over Property

Pursuant to 28 U.S.C. § 1334(e), in a title 11 case the district court where a bankruptcy claim is pending or commenced has exclusive jurisdiction over the property of the debtor and of the estate. This exclusive jurisdiction extends to property "wherever it is located," and the court has jurisdiction over property within and outside of the U.S. Courts construe the provision "wherever it is located" broadly so as to include the debtor's property located both in and outside of the U.S.¹⁰⁶ This type of jurisdiction is considered in rem jurisdiction, and it exists regardless of where the property is located.¹⁰⁷

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Notes:

^[106] Makash v. Zur, 190 B.R. 763 (Bankr. S.D.N.Y. 1996).

^[107] In re Simon, 153 F.3d 991 (9th Cir. 1998).