DO BANKRUPTCY COURTS ENTERTAIN BROAD JURISDICTION WILLINGLY?
No. After the current Code became law, there was a controversy over bankruptcy jurisdiction and the Supreme Court held portions of it were unconstitutional. An amendment to the bankruptcy code in 1984 limited the bankruptcy court system’s 1979 jurisdiction. 8. WHAT IS A CONTESTED MATTER? The bankruptcy court rules define a contested matter as any contest that is not an adversary proceeding. Basically, motions are heard as contested matters. 9. WHAT IS AN ADVERSARY PROCEEDING? A lawsuit filed in the bankruptcy court is called an adversary proceeding and is given a special file number as such. The main distinction between contested matters and adversaries is that adversary proceedings are more formal. They are commenced by filing a summons and complaint, responded to by motions, answers, counterclaims, and could go to trial where the Federal Rules of Evidence apply. 10. WHAT DOES IT COST TO FILE AN ADVERSARY PROCEEDING? In addition to the costs of representation and processing the case,
