This Comment examines Congress' recent enactment of the Bankruptcy Amendments and Federal Judgeship Act of 1984, which removed the trial of a debtor who is also a defendant in a tort action to the federal district court from the state court in which the case is pending. The author uses the example of asbestosis litigation as a backdrop for their analysis. The author concludes that certain portions of the Act unconstitutionally expand federal subject matter jurisdiction in the bankruptcy context.
Sheldon A. Wilensky,
The Bankruptcy Amendments and Federal Judgeship Act of 1984: An Unconstitutional Vesting of Subject Matter Jurisdiction,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol23/iss4/8