St. John's University School of Law
American Bankruptcy Institute Law Review

The Bankruptcy of Due Process: Nationwide Service Process, Personal Jurisdiction and the Bankruptcy Code

Jackie Gardina

Professor Jackie Gardina provides the issue's second article, The Bankruptcy of Due Process: Nationwide Service Process, Personal Jurisdiction and the Bankruptcy Code.  The author asserts that federal courts should alter the existing Fifth Amendment analysis in bankruptcy matters because the nature of bankruptcy claims change the balance under the Fifth Amendment due process analysis and limit Congress' typically broad power to permit bankruptcy courts to exert personal jurisdiction based on nationwide service of process.  The article discusses due process concerns in bankruptcy and reveals the relationship between personal jurisdiction and choice of law.  The article concludes by recognizing the federal interests in bankruptcy and proposing a solution for balancing those interests with the individual interests that drive the due process clause.