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Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson
Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Stern Claims And Article Iii Adjudication - The Bankruptcy Judge Knows Best, Laura B. Bartell
Stern Claims And Article Iii Adjudication - The Bankruptcy Judge Knows Best, Laura B. Bartell
Law Faculty Research Publications
No abstract provided.
Filing A Proof Of Claim In A Bankruptcy Court Subjects The Filing Party To The Court’S Jurisdiction. Anti-Waiver Clauses In The Proof Of Claim Are Not The Same Thing As Objecting To Jurisdiction, Christina Buru
Bankruptcy Research Library
(Excerpt)
In the United States, a federal court must have both personal and subject-matter jurisdiction to hear and rule on a case. Subject-matter jurisdiction can be met by satisfying the requirements under §1331 or §1332 of title 28 of the United States Code. These are typically referred to as “federal question” jurisdiction and “diversity” jurisdiction. §1331(a) allows district courts to exercise original jurisdiction over “civil actions arising under the Constitution, laws, or treaties of the United States”. §1332(a) allows district courts to exercise original jurisdiction over civil actions “where the matter in controversy exceeds the sum or value of $75,000…and …
Selling A Vessel Free And Clear Of A Maritime Lien Pursuant To Section 363 Of The Bankruptcy Code, Aram Movaseghi
Selling A Vessel Free And Clear Of A Maritime Lien Pursuant To Section 363 Of The Bankruptcy Code, Aram Movaseghi
Bankruptcy Research Library
(Excerpt)
Under title 11 of the United States Code (the “Bankruptcy Code”), a debtor in possession or trustee may sell property of the debtor’s estate. However, a lien on a maritime vessel may make such a sale challenging, in particular because of jurisdictional issues. When a debtor’s assets become subject to the jurisdiction of both admiralty and bankruptcy cases, a complex conundrum arises. Maritime bankruptcies have generated complex legal issues and jurisdictional conflicts that have perplexed practitioners and implicated significant constitutional issues.
Under section 363 of the Bankruptcy Code, a debtor or trustee may seek authority from the court to …