§2166 Jurisdiction

Summary

District courts must hear cases under this part of the law. They usually are the first court to hear these cases and normally are the only court that can decide them. For related civil actions, district courts are the first court but not always the only one that can decide them, even if another law names a different court. The district court where a case starts has sole control over all the debtor’s property at the start of the case, no matter where the property is. That court also has personal authority over any person or business while the case is pending. A party can move most related civil claims into the district court where the civil case is pending, except Tax Court cases and government actions that enforce police or regulatory powers. The district court may send a removed claim back on fair grounds, and that decision generally cannot be appealed to higher courts. Any civil matter that arises under, in, or is related to a case must be sent to the district court where the main case is pending. Appeals follow normal civil appeal rules. The court of appeals for the circuit where the case is located hears appeals of final decisions. The appeals court may also hear early appeals if the district court certifies certain legal questions or importance and the appeals court agrees; requests for that certification must be made within 60 days. Unless another rule applies (see section 2164(d)), an early appeal does not automatically stop the lower court from continuing unless the district court or the appeals court orders a stay. The court clerk must reassign staff as needed so the court can manage cases properly.