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Article: If the United States bankruptcy court is not a "court of the United States," Then what is it?
- Article from:
- The University of Memphis Law Review
- Article date:
- April 1, 1998
- Author:
CopyrightCopyright University of Memphis Spring 1998. Provided by ProQuest LLC. (Hide copyright information)
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JUDGE DAVID S. KENNEDY*
TISHA L. FEDERICO**
I. INTRODUCTION
For nearly twenty years the repealed and current jurisdictional scheme accompanying the Bankruptcy Reform Act of 1978 (1978 Code),1 as amended, has been the subject of an ongoing debate involving, among others, the United States Supreme Court and Congress. Although not totally free from doubt by some scholars, the constitutionality of the jurisdiction of the bankruptcy courts, at least for the time being, has been put to rest. One jurisdictional issue, however, continues to resurface and arguably cries out for amendatory or clarifying legislation. That issue is whether the United States bankruptcy court is a "court of the United ...