Unveiling the Mystery, History, and Problems Associated with the Jurisdictional Limitations of Bankruptcy Courts over Personal Injury Tort and Wrongful Death Claims

Kundawala, Ishaq
October 2011
McGeorge Law Review;Oct2011, Vol. 42 Issue 4, p739
Academic Journal
The article discusses various issues concerning the current jurisdictional structure of the bankruptcy courts, the jurisdictional limitations of these courts over personal injury tort and wrongful death claims in the U.S. It examines several articles of scholars, who have written about the interplay between mass tort law and bankruptcy to give solutions to the jurisdictional issues that arise with respect to the treatment of personal injury tort and wrongful death claims in bankruptcy. It further elaborates on fractionalized jurisdictional approach which will help in solving serious problems associated with both debtors and creditors.


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