Also known as: bankruptcy cases · bankruptcy proceeding
Written by attorneys · grounded in primary & secondary sources — see below
A proceeding commenced by filing a voluntary or involuntary petition under a bankruptcy statute. The filing creates an estate and triggers an automatic stay that centralizes creditor collection and asset administration under court supervision.
Boreal Energy owns land burdened by a recorded access servitude benefiting an adjacent parcel. Boreal Energy files a Chapter 11 petition. A secured creditor moves to extinguish the servitude as part of the reorganization. The court denies the motion because the servitude is not a covenant to pay money or a conservation servitude.
Barbara Bennett files a bankruptcy case and asserts a state-law tort counterclaim against a creditor. The bankruptcy court enters final judgment on the counterclaim. The Supreme Court holds that the judgment is invalid because the counterclaim is not a core proceeding arising under the Bankruptcy Code.
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Bayside Shipping files a bankruptcy case. Creditors dispute whether venue lies in the district of the company's nominal incorporation or the district where its executive offices and daily operations are located. The court determines venue by the location of the principal place of business as the actual center of direction and control.
Brandon Black is convicted in a criminal case that later becomes intertwined with his bankruptcy case. He challenges the Sentencing Guidelines as an improper delegation. The Court upholds the Commission because Congress may delegate nonadjudicative functions to bodies within the judicial branch.
Bianca Blanco's bankruptcy trustee sues a third party to recover an alleged fraudulent transfer. The defendant demands a jury trial. The Court holds that the Seventh Amendment right to a jury applies because the action is legal in nature and not integral to the public rights restructuring of the bankruptcy case.
Brookside Pharmaceuticals files a bankruptcy case and asserts a state-law contract claim against a supplier. The bankruptcy court enters final judgment on the claim. The Supreme Court holds that Congress cannot assign traditional private-rights disputes between nondebtors to non-Article III tribunals.
A bankruptcy case begins when a debtor files a voluntary petition or when creditors file an involuntary petition under the Bankruptcy Code. The filing immediately creates an estate and imposes an automatic stay on most collection actions.
Supporting sources
Yes. Once the partnership is a debtor in a bankruptcy case, creditors holding only a partnership judgment generally cannot levy on a general partner's separate property until statutory conditions are met or the bankruptcy process allows it.
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No. Article III prohibits Congress from assigning traditional private-rights disputes, such as prepetition state-law contract claims between nondebtors, to non-Article III bankruptcy courts for final adjudication.
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…language “ha[d] been defined in the Bankruptcy Act.” House Hearings 87. He added: “All of those problems have arisen in bankruptcy cases, and as I recall the cases — and I wouldn’t want to be bound by this statement because I haven’t them before me — I think the courts have generally taken the view that where a corporation’s…