Circuit split · bankruptcy law

Whether provisions of the Bankruptcy Code governing the commencement of proceedings (e.g., the involuntary-petition requirements of 11 U.S.C. § 303) are grants of subject matter jurisdiction rather than non-jurisdictional prerequisites.

1 federal appellate case on this question, each acknowledging the disagreement in its own words.

Trusted Net Media Holdings, LLC v. Morrison Agency, Inc.525 F3D 1095
Eleventh Circuit Court of Appeals · April 23, 2008
“This Court acknowledged that we had not considered the question before, but that there was a split of authority elsewhere regarding whether these code provisions constitute grants of subject matter jurisdiction that leave a court without any authority to hear certain proceedings — i.” — Split of authority
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The provision at issue

“(a) An involuntary case may be commenced only under chapter 7 or 11 of this title, and only against a person, except a farmer, family farmer, or a corporation that is not a moneyed, business, or commercial corporation, that may be a debtor under the chapter under which such case is commenced. (b) An involuntary case against a person is commenced by the filing with the bankruptcy court of a petition under chapter 7 or 11 of this title— (1) by three or more entities, each of which is either a holder of a claim against such person that is not …”

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The other side of the split

Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.

Joined byPugh158 F.3d 530
“constitute statutes of limitations that can be waived.” Section 546(a) provided, at the time the Pugh bankruptcy case began, that “[a]n action or proceeding under section 544, 545, 547, 548, or 553 of this title [governing the trustee’s authority to avoid certain pre-petition transactions involving the debtor’s assets] may not be commenced after the earlier of — (1) two years after the appointment of a trustee ...” — Trusted Net Media Holdings, LLC v. Morrison Agency, Inc., acknowledging the split
Discussed · 5th Cir.In re All Media Properties, Inc.646 F.2d 193
“However, Trusted Net contends that we are not free to apply our own judgment to the interpretation of § 303(b) because this Court’s predecessor, in All Media, already decided the issue presents ed.” — Trusted Net Media Holdings, LLC v. Morrison Agency, Inc., acknowledging the split

What the split turns on

Statutes:: 11 U.S.C. § 303(b) ·; 11 U.S.C. § 544 ·; 11 U.S.C. § 545 ·; 11 U.S.C. § 546(a) ·; 11 U.S.C. § 547 ·; 11 U.S.C. § 548 ·; 11 U.S.C. § 549(d) ·; 11 U.S.C. § 553 ·; 28 U.S.C. § 157

Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.