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2021 Stroock Bankruptcy Guide

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5 Other statutes affecting bankruptcy law include (i) numerous provisions of the Judicial Code, title 28 of the United States Code, including those relating to jurisdiction (§ 1334), venue (§§ 1408, 1409, 1410), jury trials (§ 1411), change of venue (§ 1412), removal of causes of action (§ 1452), bankruptcy judges (§§ 151– 157), appeals (§ 158), bankruptcy fees (§ 1930), United States Trustees (§§ 581–589), duties of the Director of the Administrative Office of the United States Courts concerning the panel of private trustees (§ 604), trustees suable (§ 959), and bankruptcy rule- making authority (§ 2075); and (ii) various provisions of Crimes and Criminal Procedure, title 18 of the United States Code, relating to bankruptcy crimes. Finally, it is worth noting that while bankruptcy cases are governed in the first instance by the Bankruptcy Code, Bankruptcy Rules, local bankruptcy rules and other Federal statutes (as discussed above), issues arising in bankruptcy are often resolved pursuant to applicable nonbankruptcy law, both Federal and State. See Vanston Bondholders Protective Comm. v. Green, 329 U.S. 156 (1946). For example, with respect to the allowance of claims under Section 502, the bankruptcy court must initially analyze whether a debt exists under State law. See id. Nevertheless, even if the analysis of claims is originally rooted in State law, it does not end there, and questions of allowance and priority are ultimately governed by bankruptcy law. See Arnold v. Phillips (In re S. Brewing Co.), 117 F.2d 497, 500–01 (5th Cir. 1941). Similarly, the determination of what constitutes property of the estate under Section 541 of the Bankruptcy Code is an inquiry that begins under State law. See, e.g., Butner v. United States, 440 U.S. 48, 55 (1979); In re S. Brewing Co., 117 F.2d at 500.

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