Arising-in Jurisdiction Law and Legal Definition
‘Arising-in Jurisdiction’ refers to a bankruptcy court's jurisdiction over issues relating to the administration of the bankruptcy estate, and matters that occur only in a bankruptcy case. Bankruptcy jurisdiction is governed by 28 USCS § 1334. Section 1334(b) grants the Court "original but not exclusive jurisdiction of all civil proceedings arising under title 11, or arising in or related to cases under title 11." A bankruptcy court may "hear and determine all cases under title 11 and all core proceedings arising under title 11, or arising in a case under title 11," but where a matter is "related to" the Court's bankruptcy jurisdiction, a bankruptcy court may enter only proposed findings of fact and conclusions of law that are subject to de novo review by the district courts. [28 U.S.C. § 157(b) (1), (c) (1).] Proceedings "arising in" or "arising under" Title 11 correspond to the Court's core bankruptcy jurisdiction as defined in 28 U.S.C. § 157 whereas those proceedings "related to" a case under Title 11 correspond to the Court's non-core jurisdiction.
