NewYorkUniversity
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Jack Zarin-Rosenfeld

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Designing Related-To Bankruptcy Jurisdiction

Jack Zarin-Rosenfeld

This Note offers a framework for analyzing related-to bankruptcy jurisdiction under 28 U.S.C. ยง 1334 that courts can implement immediately within the bounds of the statute and case law. It argues that that the current requirements for related-to jurisdiction should be better deployed in accordance with the relative merits of jurisdictional rules and standards, and proposes a broad threshold inquiry back-stopped by a robust abstention doctrine, which will allow courts to both define bright-line boundaries where possible and fulfill the policy objectives of bankruptcy jurisdiction on a case-by-case basis.