Multiple choice... Please help

[aarjang]

Is this a trick question or what?

Question: The Bankruptcy Court has exclusive jurisdicion to adjudicate and decide District Courts. But the question asks about bankruptcy courts. So is choice "A" still correct? or is it choice "C" which is a core proceeding?

[justbroke]

The rights of the Bankruptcy Court actually come from Parv IV of Title 28 and not Title 11... unless that's what you meant by 1334 (28 USC 1334).

Are you taking some sort of test?

[aarjang]

Are you sure?

I ran across this practice question and I'm confused. Can you elaborate?

Why do you think the answer is "none of the above"?

[justbroke]

I ran across this practice question and I'm confused. Can you elaborate?

Why do you think the answer is "none of the above"?

I was just kidding with the "none of the above". If you read 28 USC 1334, the answer is just as plain as day in 1334(a), even though (b) removes some of the exclusivity of (a), I think it only refers to civil cases (non-bankrupt) that may arise from Title 11 cases.

For example, say a person files a case under Title 11, but the UST, creditor, and/or Court find some civil matter intertwined. The case would still be original for the U.S. District court, but exclusivity may be impaired. This may be where the State court may be a more appropriate venue for the pursuit of the civil matter.

[aarjang]

so what's the answer?

(C) is correct?

[justbroke]

Don't know... it's a poorly written question.

Anyhow I think it's D, none of the above. The Bankruptcy Court doesn't have such jurisdiction. It's the District Court that has the jurisdiction. The District Court confers upon the Bankruptcy Court matters related to Title 11.

[aarjang]

I agree

I think I'll just skip this one.

[justbroke]

No, put D. The reason is that the Bankruptcy Court is not mentioned in Title 28.

Or, maybe that makes C more applicable.

[aarjang]

lol

I hate this question... you think the answer is (c) or (d)? I was thinking it's C because a bankruptcy court would naturally have exclusive jurisdiction over a core proceeding, i.e. determining whether a debt is dischargeable.