Glossary entry (derived from question below)
English term or phrase:
core proceeding
Polish translation:
postępowania podlegające kompetencji sądu upadłościowego
Added to glossary by
Frank Szmulowicz, Ph. D.
Jan 23, 2015 23:56
9 yrs ago
1 viewer *
English term
core proceeding
English to Polish
Law/Patents
Law (general)
Pozew z amerykańskiego sądu upadłościowego, postępowanie jest właśnie "core". Coś jak tu: http://www.alllaw.com/articles/nolo/bankruptcy/core-non-core...
Change log
Feb 7, 2015 17:46: Frank Szmulowicz, Ph. D. Created KOG entry
Proposed translations
5 hrs
Selected
postępowania podlegające kompetencji sądu upadłościowego
The court may or may not take up other matters as they affect the case
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Note added at 13 hrs (2015-01-24 13:35:19 GMT)
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postępowania (wyłacznie) podlegające kompetencji sądu upadłościowego
Core vs. Non-Core Bankruptcy Proceedings
All courts have specific subject matter jurisdiction, or the ability to act upon only certain types of subjects. For example, a probate court creates an estate after someone dies, and a domestic relations court grants a divorce. Bankruptcy courts also have limited jurisdiction. A bankruptcy court’s jurisdiction is created by the United States Congress, and generally a bankruptcy judge has the power to decide only those issues that are set forth within the bankruptcy statutes.
The issues that are granted exclusively to a bankruptcy court are called core proceedings. Such matters would not exist but for the bankruptcy laws and are not of a type that some other court might have jurisdiction over them. Many such issues relate to the creation and content of the bankruptcy estate itself, such as the administration of a bankruptcy estate, the terms and confirmation of Chapter 13 plans, the validity of exemptions, the enforceability of claims and, ultimately, whether a discharge will be granted. Other core proceedings can include determining whether the automatic stay has been violated or whether it can be lifted in a specific situation, whether a debtor should be permitted to incur further debt or dispose of property while the bankruptcy estate is in effect, and whether transfers of property might be fraudulent or be improper in some other way. These matters, and other typical core proceedings, are set forth in the bankruptcy statutes.
<bb>Non-core proceedings are actions which do not come into existence due to the filing of bankruptcy, but may affect or be affected by the bankruptcy case. Divorces, the probating of wills, and civil lawsuits are examples of legal proceedings that may have an impact on assets making up the bankruptcy estate. The determination of a bankruptcy court’s jurisdiction over non-core matters can be extremely complicated. Each instance of potential action by a bankruptcy judge over a non-core issue must be assessed individually, based on the specific facts of the case. In some instances, a bankruptcy judge can decide non-core issues, such as a personal injury claim against the debtor by a claimant, but all parties to the non-core proceeding must consent. It is highly recommended that any questions concerning the integration of a non-core proceeding into a bankruptcy matter be handled by a qualified attorney.
http://www.legalfish.com/bankruptcy/core-vs-noncore-bankrupt...
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Note added at 13 hrs (2015-01-24 13:35:19 GMT)
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postępowania (wyłacznie) podlegające kompetencji sądu upadłościowego
Core vs. Non-Core Bankruptcy Proceedings
All courts have specific subject matter jurisdiction, or the ability to act upon only certain types of subjects. For example, a probate court creates an estate after someone dies, and a domestic relations court grants a divorce. Bankruptcy courts also have limited jurisdiction. A bankruptcy court’s jurisdiction is created by the United States Congress, and generally a bankruptcy judge has the power to decide only those issues that are set forth within the bankruptcy statutes.
The issues that are granted exclusively to a bankruptcy court are called core proceedings. Such matters would not exist but for the bankruptcy laws and are not of a type that some other court might have jurisdiction over them. Many such issues relate to the creation and content of the bankruptcy estate itself, such as the administration of a bankruptcy estate, the terms and confirmation of Chapter 13 plans, the validity of exemptions, the enforceability of claims and, ultimately, whether a discharge will be granted. Other core proceedings can include determining whether the automatic stay has been violated or whether it can be lifted in a specific situation, whether a debtor should be permitted to incur further debt or dispose of property while the bankruptcy estate is in effect, and whether transfers of property might be fraudulent or be improper in some other way. These matters, and other typical core proceedings, are set forth in the bankruptcy statutes.
<bb>Non-core proceedings are actions which do not come into existence due to the filing of bankruptcy, but may affect or be affected by the bankruptcy case. Divorces, the probating of wills, and civil lawsuits are examples of legal proceedings that may have an impact on assets making up the bankruptcy estate. The determination of a bankruptcy court’s jurisdiction over non-core matters can be extremely complicated. Each instance of potential action by a bankruptcy judge over a non-core issue must be assessed individually, based on the specific facts of the case. In some instances, a bankruptcy judge can decide non-core issues, such as a personal injury claim against the debtor by a claimant, but all parties to the non-core proceeding must consent. It is highly recommended that any questions concerning the integration of a non-core proceeding into a bankruptcy matter be handled by a qualified attorney.
http://www.legalfish.com/bankruptcy/core-vs-noncore-bankrupt...
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Comment: "Thank you :)"
5 hrs
postępowanie podlegające zasadom prawa upadłościowego i naprawczego
Wiem, trochę długie... ;)
Discussion
One case has held that factors that a court may consider in deciding whether claim is "core" or "non-core" matter are the following:
1. whether claim is not specifically identified as "core" matter in jurisdictional provision;
2. whether claim existed prepetition;
3. whether claim would continue to exist independent of provisions of title 11; and
4. whether parties' rights, obligations, or both are significantly affected as result of debtor's bankruptcy filing