Note:
David L. Bryant, Selective Exercise of Jurisdiction in
Bankruptcy-Related Civil Proceedings, 59 Texas L. Rev. 325
(1981).
Abstract:
The Bankruptcy Reform Act of 1978 effected major changes in the
bankruptcy code and contained a broad jurisdictional grant to
bankruptcy courts. However, this Note argues that exercise of
bankruptcy jurisdiction to the full extent permitted by the Code
may impede rather than facilitate Congressional intent, because
full exercise may congest bankruptcy courts with
bankruptcy-related civil cases. Bankruptcy courts should instead
take advantage of the Code provision allowing them to abstain
“in the interests of justice” whenever litigation that is only
tangentially related to bankruptcy law comes along.