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Personal Injury Tort Claims As Core Proceedings In Bankruptcy Courts—Broad, Narrow, And Intermediate Approaches, Brigid Lynn

Bankruptcy Research Library

(Excerpt)

Under 28 U.S.C. § 157(b)(1), “bankruptcy judges may hear and determine all cases under title 11 and all core proceedings arising under title 11.” Core proceedings are those concerning the administration of an estate and the confirmation of plans, among others listed in the statute. However, not considered core proceedings are those regarding “the liquidation or estimation of contingent or unliquidated personal injury tort . . . claims against the estate for purposes of distribution in a case under title 11.” Personal injury tort claims are instead reserved for the district court in which the bankruptcy case is pending …