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Astropower liquidating trust

Section 1334 provides 389 *389 that “the district courts shall have original and exclusive jurisdiction of all cases under title 11” and “shall have original but not exclusive jurisdiction of all civil proceedings arising under title 11, or arising in or related to cases under title 11.” 28 U.

Section 1334 of title 28 of the United States Code establishes the district court’s bankruptcy jurisdiction.

Granite Financial Solutions, Inc., d/b/a Granite Data Solutions, Defendant.

Plaintiff argues that since this action arose pre-confirmation, I should apply the Pacor “conceivable effect” test rather than the Resorts “close nexus” test.

Section 157 also provides for the bankruptcy court’s ability to hear—but not render a final judgment in—a proceeding that is non-core but still related to a bankruptcy case: A bankruptcy judge may hear a proceeding that is not a core proceeding but that is otherwise related to a case under title 11.

The constitutionality of § 1334, the provision governing bankruptcy jurisdiction, was not at issue in Stern.

Marshall was when, under the United States Constitution, the bankruptcy court could enter a final judgment as opposed to proposed findings of fact and conclusions of law in a case where subject matter jurisdiction existed under 28 U.

Marshall is not a case about subject matter jurisdiction.”) (citation omitted); In re Salander O’Reilly Galleries, 453 B.

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Standard of Review A court may treat a motion to dismiss under Rule 12(b)(1) as a facial attack or a factual attack on subject matter jurisdiction.