US (United States) Code. Title 28. Part I: Organization of courts. Chapter 6: Bankruptcy judges

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Judiciary and judicial procedure

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-CITE-

28 USC CHAPTER 6 - BANKRUPTCY JUDGES 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 6 - BANKRUPTCY JUDGES

-HEAD-

CHAPTER 6 - BANKRUPTCY JUDGES

-MISC1-

Sec.

151. Designation of bankruptcy courts.

152. Appointment of bankruptcy judges.

153. Salaries; character of service.

154. Division of business; chief judge.(!1)

155. Temporary transfer of bankruptcy judges.

156. Staff; expenses.

157. Procedures.

158. Appeals.

PRIOR PROVISIONS

A prior chapter 6, consisting of sections 151 to 160, which was

added by Pub. L. 95-598, title II, Sec. 201(a), Nov. 6, 1978, 92

Stat. 2657, as amended by Pub. L. 97-164, title I, Sec. 110(d),

Apr. 2, 1982, 96 Stat. 29, and which related to bankruptcy courts,

did not become effective pursuant to section 402(b) of Pub. L.

95-598, as amended, set out as an Effective Date note preceding

section 101 of Title 11, Bankruptcy.

COURTS DURING TRANSITION

Pub. L. 95-598, title IV, Sec. 404, Nov. 6, 1978, 92 Stat. 2683,

as amended by Pub. L. 98-249, Sec. 1(b), Mar. 31, 1984, 98 Stat.

116; Pub. L. 98-271, Sec. 1(b), Apr. 30, 1984, 98 Stat. 163; Pub.

L. 98-299, Sec. 1(b), May 25, 1984, 98 Stat. 214; Pub. L. 98-325,

Sec. 1(b), June 20, 1984, 98 Stat. 268; Pub. L. 98-353, title I,

Sec. 121(b), July 10, 1984, 98 Stat. 345, which provided that, for

purposes of Pub. L. 95-598, which enacted Title 11, Bankruptcy, and

the amendments made by Pub. L. 95-598, the courts of bankruptcy as

defined under section 1(10) of former Title 11, created under

section 11(a) of former Title 11, and existing on Sept. 30, 1979,

continue to be courts of bankruptcy during the transition period

beginning Oct. 1, 1979, and ending July 9, 1984, made provision for

extension of the term of office of referees in bankruptcy serving

on Nov. 6, 1978, and for such a referee to have the title of United

States bankruptcy judge, established for each State a merit

screening committee to pass on qualifications of such a referee and

determine if the term of such a referee should be extended, and set

forth the rules and provisions applicable to United States

bankruptcy judges during the transition period, was repealed by

Pub. L. 98-353, title I, Secs. 114, 122(a), July 10, 1984, 98 Stat.

343, 346, eff. July 10, 1984.

TRANSITION STUDY

Pub. L. 95-598, title IV, Sec. 406, Nov. 6, 1978, 92 Stat. 2686,

as amended by Pub. L. 98-249, Sec. 1(c), Mar. 31, 1984, 98 Stat.

116; Pub. L. 98-271, Sec. 1(c), Apr. 30, 1984, 98 Stat. 163; Pub.

L. 98-299, Sec. 1(c), May 25, 1984, 98 Stat. 214; Pub. L. 98-325,

Sec. 1(c), June 20, 1984, 98 Stat. 268; Pub. L. 98-353, title I,

Sec. 121(c), July 10, 1984, 98 Stat. 346, which provided that

during the transition period, Oct. 1, 1979, to July 9, 1984, the

Director of the Administrative Office of the United States Courts

make continuing studies and surveys in the judicial districts to

determine the number of bankruptcy judges needed after July 9,

1984, to provide for the expeditious and effective administration

of justice, their regular places of offices, and the places where

the court was to be held, and that the Director report to the

judicial councils of the circuits and the Judicial Conference of

the United States his recommendations, the judicial councils advise

the Conference of their recommendations, and the Conference

recommend to the Congress and the President, before Jan. 3, 1983,

the number of bankruptcy judges needed after July 9, 1984, and the

locations at which they were to serve, was repealed by Pub. L.

98-353, title I, Secs. 114, 122(a), July 10, 1984, 98 Stat. 343,

346, eff. July 10, 1984.

JUDICIAL ADMINISTRATION DURING TRANSITION

Pub. L. 95-598, title IV, Sec. 407, Nov. 6, 1978, 92 Stat. 2686,

which provided that the Director of the Administrative Office of

the United States Courts appoint a committee of not fewer than

seven United States bankruptcy judges to advise the Director with

respect to matters arising during the transition period or that are

relevant to the purposes of the transition period, and directed

that during the transition period, the chief judge of each circuit

summon at least one bankruptcy judge from each judicial district

within the circuit to the judicial conference of such circuit

called and held under section 332 of this title, was repealed by

Pub. L. 98-353, title I, Secs. 114, 122(a), July 10, 1984, 98 Stat.

343, 346, eff. July 10, 1984.

EXTENSION AND TERMINATION OF TERM OF OFFICE OF BANKRUPTCY JUDGE

SERVING ON JUNE 27, 1984

Section 121(e) of Pub. L. 98-353 provided that: "The term of

office of any bankruptcy judge who was serving on June 27, 1984, is

extended to and shall expire at the end of the day of enactment of

this Act [July 10, 1984]."

[Section 121(e) of Pub. L. 98-353 effective June 27, 1984, see

section 122(c) of Pub. L. 98-353, set out as an Effective Date note

under section 151 of this title.]

For prior extensions of the term of office of bankruptcy judges

see:

Pub. L. 98-325, Sec. 2, June 20, 1984, 98 Stat. 268.

Pub. L. 98-299, Sec. 2, May 25, 1984, 98 Stat. 214.

Pub. L. 98-271, Sec. 2, Apr. 30, 1984, 98 Stat. 163.

Pub. L. 98-249, Sec. 2, Mar. 31, 1984, 98 Stat. 116.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 375 of this title; title

11 section 105; title 18 section 6001.

-FOOTNOTE-

(!1) So in original. Does not conform to section catchline.

-End-

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28 USC Sec. 151 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 6 - BANKRUPTCY JUDGES

-HEAD-

Sec. 151. Designation of bankruptcy courts

-STATUTE-

In each judicial district, the bankruptcy judges in regular

active service shall constitute a unit of the district court to be

known as the bankruptcy court for that district. Each bankruptcy

judge, as a judicial officer of the district court, may exercise

the authority conferred under this chapter with respect to any

action, suit, or proceeding and may preside alone and hold a

regular or special session of the court, except as otherwise

provided by law or by rule or order of the district court.

-SOURCE-

(Added Pub. L. 98-353, title I, Sec. 104(a), July 10, 1984, 98

Stat. 336.)

-MISC1-

EFFECTIVE DATE

Section 122 of title I of Pub. L. 98-353 provided that:

"(a) Except as otherwise provided in this section, this title and

the amendments made by this title [enacting this chapter and

sections 1408 to 1412 and 1452 of this title, amending sections

372, 634, 957, 1334, 1360, and 1930 of this title, sections 8331,

8334, 8336, 8339, 8341, and 8344 of Title 5, Government

Organization and Employees, and section 105 of Title 11,

Bankruptcy, enacting provisions set out as notes preceding section

151 of this title and under sections 151 to 153, 634, and 1334 of

this title and section 8331 of Title 5, amending provisions set out

as notes preceding sections 151 and 1471 of this title and section

101 of Title 11, and repealing provisions set out as notes

preceding sections 151 and 1471 of this title] shall take effect on

the date of the enactment of this Act [July 10, 1984].

"(b) Section 1334(c)(2) of title 28, United States Code, and

section 1411(a) of title 28, United States Code, as added by this

Act, shall not apply with respect to cases under title 11 of the

United States Code that are pending on the date of enactment of

this Act [July 10, 1984], or to proceedings arising in or related

to such cases.

"(c) Sections 108(b) [enacting provisions set out as a note under

section 634 of this title], 113 [amending provisions set out as a

note preceding section 101 of Title 11, Bankruptcy], and 121(e)

[enacting provisions set out as a note preceding section 151 of

this title] shall take effect on June 27, 1984."

SHORT TITLE OF 1984 AMENDMENT

Section 1 of Pub. L. 98-353 provided: "That this Act [enacting

this chapter and sections 1408 to 1412 and 1452 of this title and

sections 557 to 559 and 1113 of Title 11, Bankruptcy, amending

sections 44, 98, 131, 133, 371, 372, 634, 957, 1334, 1360, and 1930

of this title, sections 8331, 8334, 8336, 8339, 8341, 8344, 8701,

8706, 8714a, and 8714b of Title 5, Government Organization and

Employees, and sections 101 to 103, 105, 108, 109, 303, 321, 322,

326 to 330, 342, 343, 345, 346, 349, 350, 361 to 363, 365, 366, 501

to 503, 505 to 507, 509, 510, 521 to 525, 541 to 550, 552 to 555,

702 to 704, 707, 723 to 728, 741, 745, 752, 761, 763 to 766, 901 to

903, 921, 922, 927, 943, 945, 1102, 1103, 1105 to 1108, 1112, 1121,

1123 to 1127, 1129, 1141, 1142, 1144 to 1146, 1166, 1168 to 1171,

1173, 1301, 1302, 1304, 1307, 1322, 1324 to 1326, 1328, 1329,

15103, and 151302 of Title 11, enacting provisions set out as notes

preceding section 151 of this title and under sections 44, 133, 151

to 153, 371, 634, 1334, and 2075 of this title, sections 8331 and

8706 of Title 5, and preceding section 101 of Title 11 and under

sections 101, 365, and 1113 of Title 11, amending provisions set

out as notes preceding sections 151, 581, and 1471 of this title

and section 101 of Title 11, repealing provisions set out as notes

preceding sections 151 and 1471 of this title, amending Rules 2002

and 3001 of the Bankruptcy Rules, set out in the Appendix to this

title, and amending Official Bankruptcy Form No. 1 in the Appendix

of Forms] may be cited as the 'Bankruptcy Amendments and Federal

Judgeship Act of 1984'."

SEPARABILITY

Section 119 of Pub. L. 98-353 provided that: "If any provision of

this Act [see Short Title of 1984 Amendment note above] or the

application thereof to any person or circumstance is held invalid,

the remainder of this Act, or the application of that provision to

persons or circumstances other than those as to which it is held

invalid, is not affected thereby."

-End-

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28 USC Sec. 152 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 6 - BANKRUPTCY JUDGES

-HEAD-

Sec. 152. Appointment of bankruptcy judges

-STATUTE-

(a)(1) The United States court of appeals for the circuit shall

appoint bankruptcy judges for the judicial districts established in

paragraph (2) in such numbers as are established in such paragraph.

Such appointments shall be made after considering the

recommendations of the Judicial Conference submitted pursuant to

subsection (b). Each bankruptcy judge shall be appointed for a term

of fourteen years, subject to the provisions of subsection (e).

However, upon the expiration of the term, a bankruptcy judge may,

with the approval of the judicial council of the circuit, continue

to perform the duties of the office until the earlier of the date

which is 180 days after the expiration of the term or the date of

the appointment of a successor. Bankruptcy judges shall serve as

judicial officers of the United States district court established

under Article III of the Constitution.

(2) The bankruptcy judges appointed pursuant to this section

shall be appointed for the several judicial districts as follows:

Districts Judges

--------------------------------------------------------------------

Alabama:

Northern 5

Middle 2

Southern 2

Alaska 2

Arizona 7

Arkansas:

Eastern and Western 3

California:

Northern 9

Eastern 6

Central 21

Southern 4

Colorado 5

Connecticut 3

Delaware 1

District of Columbia 1

Florida:

Northern 1

Middle 8

Southern 5

Georgia:

Northern 8

Middle 2

Southern 2

Middle and Southern 1

Hawaii 1

Idaho 2

Illinois:

Northern 10

Central 3

Southern 1

Indiana:

Northern 3

Southern 4

Iowa:

Northern 2

Southern 2

Kansas 4

Kentucky:

Eastern 2

Western 3

Louisiana:

Eastern 2

Middle 1

Western 3

Maine 2

Maryland 4

Massachusetts 5

Michigan:

Eastern 4

Western 3

Minnesota 4

Mississippi:

Northern 1

Southern 2

Missouri:

Eastern 3

Western 3

Montana 1

Nebraska 2

Nevada 3

New Hampshire 1

New Jersey 8

New Mexico 2

New York:

Northern 2

Southern 9

Eastern 6

Western 3

North Carolina:

Eastern 2

Middle 2

Western 2

North Dakota 1

Ohio:

Northern 8

Southern 7

Oklahoma:

Northern 2

Eastern 1

Western 3

Oregon 5

Pennsylvania:

Eastern 5

Middle 2

Western 4

Puerto Rico 2

Rhode Island 1

South Carolina 2

South Dakota 2

Tennessee:

Eastern 3

Middle 3

Western 4

Texas:

Northern 6

Eastern 2

Southern 6

Western 4

Utah 3

Vermont 1

Virginia:

Eastern 5

Western 3

Washington:

Eastern 2

Western 5

West Virginia:

Northern 1

Southern 1

Wisconsin:

Eastern 4

Western 2

Wyoming 1.

--------------------------------------------------------------------

(3) Whenever a majority of the judges of any court of appeals

cannot agree upon the appointment of a bankruptcy judge, the chief

judge of such court shall make such appointment.

(4) The judges of the district courts for the territories shall

serve as the bankruptcy judges for such courts. The United States

court of appeals for the circuit within which such a territorial

district court is located may appoint bankruptcy judges under this

chapter for such district if authorized to do so by the Congress of

the United States under this section.

(b)(1) The Judicial Conference of the United States shall, from

time to time, and after considering the recommendations submitted

by the Director of the Administrative Office of the United States

Courts after such Director has consulted with the judicial council

of the circuit involved, determine the official duty stations of

bankruptcy judges and places of holding court.

(2) The Judicial Conference shall, from time to time, submit

recommendations to the Congress regarding the number of bankruptcy

judges needed and the districts in which such judges are needed.

(3) Not later than December 31, 1994, and not later than the end

of each 2-year period thereafter, the Judicial Conference of the

United States shall conduct a comprehensive review of all judicial

districts to assess the continuing need for the bankruptcy judges

authorized by this section, and shall report to the Congress its

findings and any recommendations for the elimination of any

authorized position which can be eliminated when a vacancy exists

by reason of resignation, retirement, removal, or death.

(c) Each bankruptcy judge may hold court at such places within

the judicial district, in addition to the official duty station of

such judge, as the business of the court may require.

(d) With the approval of the Judicial Conference and of each of

the judicial councils involved, a bankruptcy judge may be

designated to serve in any district adjacent to or near the

district for which such bankruptcy judge was appointed.

(e) A bankruptcy judge may be removed during the term for which

such bankruptcy judge is appointed, only for incompetence,

misconduct, neglect of duty, or physical or mental disability and

only by the judicial council of the circuit in which the judge's

official duty station is located. Removal may not occur unless a

majority of all of the judges of such council concur in the order

of removal. Before any order of removal may be entered, a full

specification of charges shall be furnished to such bankruptcy

judge who shall be accorded an opportunity to be heard on such

charges.

-SOURCE-

(Added Pub. L. 98-353, title I, Sec. 104(a), July 10, 1984, 98

Stat. 336; amended Pub. L. 99-554, title I, Sec. 101, Oct. 27,

1986, 100 Stat. 3088; Pub. L. 100-587, Nov. 3, 1988, 102 Stat.

2982; Pub. L. 101-650, title III, Sec. 304, Dec. 1, 1990, 104 Stat.

5105; Pub. L. 102-361, Secs. 2, 4, Aug. 26, 1992, 106 Stat. 965,

966.)

-MISC1-

AMENDMENTS

1992 - Subsec. (a)(2). Pub. L. 102-361, Sec. 2, in item relating

to district of Arizona substituted "7" for "5", in item relating to

central district of California substituted "21" for "19", in item

relating to district of Connecticut substituted "3" for "2", in

item relating to middle district of Florida substituted "8" for

"4", in item relating to southern district of Florida substituted

"5" for "3", in item relating to northern district of Georgia

substituted "8" for "6", inserted item relating to middle and

southern districts of Georgia, in item relating to district of

Maryland substituted "4" for "3", in item relating to district of

Massachusetts substituted "5" for "4", in item relating to district

of New Jersey substituted "8" for "7", in item relating to southern

district of New York substituted "9" for "7", in item relating to

eastern district of Pennsylvania substituted "5" for "3", in item

relating to middle district of Tennessee substituted "3" for "2",

in item relating to western district of Tennessee substituted "4"

for "3", in item relating to northern district of Texas substituted

"6" for "5", and in item relating to eastern district of Virginia

substituted "5" for "4".

Subsec. (b)(3). Pub. L. 102-361, Sec. 4, added par. (3).

1990 - Subsec. (a)(1). Pub. L. 101-650 inserted after third

sentence "However, upon the expiration of the term, a bankruptcy

judge may, with the approval of the judicial council of the

circuit, continue to perform the duties of the office until the

earlier of the date which is 180 days after the expiration of the

term or the date of the appointment of a successor."

1988 - Subsec. (a)(2). Pub. L. 100-587 in item relating to

district of Alaska substituted "2" for "1", in item relating to

district of Colorado substituted "5" for "4", in item relating to

district of Kansas substituted "4" for "3", in item relating to

eastern district of Kentucky substituted "2" for "1", in item

relating to eastern district of Texas substituted "2" for "1", in

item relating to western district of Texas substituted "4" for "3",

and in item relating to district of Arizona substituted "5" for

"4".

1986 - Subsec. (a)(2). Pub. L. 99-554 in item relating to eastern

district and western district of Arkansas substituted "3" for "2",

in item relating to northern district of California substituted "9"

for "7", in item relating to eastern district of California

substituted "6" for "4", in item relating to central district of

California substituted "19" for "12", in item relating to southern

district of California substituted "4" for "3", in item relating to

middle district of Florida substituted "4" for "2", in item

relating to northern district of Georgia substituted "6" for "4",

in item relating to southern district of Georgia substituted "2"

for "1", in item relating to district of Idaho substituted "2" for

"1", in item relating to northern district of Illinois substituted

"10" for "8", in item relating to central district of Illinois

substituted "3" for "2", in item relating to northern district of

Indiana substituted "3" for "2", in item relating to northern

district of Iowa substituted "2" for "1", in item relating to

southern district of Iowa substituted "2" for "1", in item relating

to western district of Kentucky substituted "3" for "2", in item

relating to western district of Louisiana substituted "3" for "2",

in item relating to district of Maryland substituted "3" for "2",

in item relating to western district of Michigan substituted "3"

for "2", in item relating to district of Nebraska substituted "2"

for "1", in item relating to district of Nevada substituted "3" for

"2", in item relating to district of New Jersey substituted "7" for

"5", in item relating to western district of North Carolina

substituted "2" for "1", in item relating to northern district of

Oklahoma substituted "2" for "1", in item relating to western

district of Oklahoma substituted "3" for "2", in item relating to

district of Oregon substituted "5" for "4", in item relating to

western district of Pennsylvania substituted "4" for "3", in item

relating to district of South Carolina substituted "2" for "1", in

item relating to district of South Dakota substituted "2" for "1",

in item relating to eastern district of Tennessee substituted "3"

for "2", in item relating to western district of Tennessee

substituted "3" for "2", in item relating to northern district of

Texas substituted "5" for "4", in item relating to southern

district of Texas substituted "6" for "3", in item relating to

western district of Texas substituted "3" for "2", in item relating

to district of Utah substituted "3" for "2", in item relating to

eastern district of Virginia substituted "4" for "3", in item

relating to eastern district of Washington substituted "2" for "1",

in item relating to western district of Washington substituted "5"

for "4", and in item relating to eastern district of Wisconsin

substituted "4" for "3".

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-554 effective Oct. 27, 1986, see section

302(b) of Pub. L. 99-554, set out as a note under section 581 of

this title.

TEMPORARY APPOINTMENT OF ADDITIONAL JUDGES

Section 3 of Pub. L. 102-361, as amended by Pub. L. 104-317,

title III, Sec. 307, Oct. 19, 1996, 110 Stat. 3852, provided that:

"(a) Appointments. - The following bankruptcy judges shall be

appointed in the manner prescribed in section 152(a)(1) of title

28, United States Code:

"(1) 1 additional bankruptcy judge for the northern district of

Alabama.

"(2) 1 additional bankruptcy judge for the district of

Colorado.

"(3) 1 additional bankruptcy judge for the district of

Delaware.

"(4) 1 additional bankruptcy judge for the southern district of

Illinois.

"(5) 1 additional bankruptcy judge for the district of New

Hampshire.

"(6) 1 additional bankruptcy judge for the middle district of

North Carolina.

"(7) 1 additional bankruptcy judge for the district of Puerto

Rico.

"(8) 1 additional bankruptcy judge for the district of South

Carolina.

"(9) 1 additional bankruptcy judge for the eastern district of

Tennessee.

"(10) 1 additional bankruptcy judge for the western district of

Texas.

"(b) Vacancies. - The first vacancy in the office of bankruptcy

judge in each of the judicial districts set forth in subsection

(a), resulting from the death, retirement, resignation, or removal

of a bankruptcy judge, and occurring 5 years or more after the

appointment date of the judge named to fill the temporary judgeship

position, shall not be filled. In the case of a vacancy resulting

from the expiration of the term of a bankruptcy judge not described

in the preceding sentence, that judge shall be eligible for

reappointment as a bankruptcy judge in that district."

EXTENSION AND TERMINATION OF TERM OF OFFICE OF PART-TIME BANKRUPTCY

JUDGE SERVING ON JULY 2, 1986, IN DISTRICT OF OREGON, WESTERN

DISTRICT OF MICHIGAN, AND EASTERN DISTRICT OF OKLAHOMA

Pub. L. 99-349, title I, July 2, 1986, 100 Stat. 718, provided

that: "Notwithstanding the provisions of section 106(b)(1) of the

Bankruptcy Amendments and Federal Judgeship Act of 1984 [section

106(b)(1) of Pub. L. 98-353, set out below], a bankruptcy judge

serving on a part-time basis on the date of enactment of this Act

[July 2, 1986] may continue to serve as a part-time judge for such

district until December 31, 1986, or until such time as a full-time

bankruptcy judge for such district is appointed, whichever is

earlier: Provided, That these provisions shall apply only to

part-time bankruptcy judges serving in the district of Oregon, the

western district of Michigan, and the eastern district of

Oklahoma."

EXTENSION AND TERMINATION OF TERM OF OFFICE OF BANKRUPTCY JUDGE AND

PART-TIME BANKRUPTCY JUDGE SERVING ON JULY 10, 1984; PRACTICE OF

LAW BY PART-TIME BANKRUPTCY JUDGE

Section 106 of Pub. L. 98-353 provided that:

"(a) Notwithstanding section 152 of title 28, United States Code,

as added by this Act, the term of office of a bankruptcy judge who

is serving on the date of enactment of this Act [July 10, 1984] is

extended to and expires four years after the date such bankruptcy

judge was last appointed to such office or on October 1, 1986,

whichever is later.

"(b)(1) Notwithstanding section 153(a) of title 28, United States

Code, as added by this Act, and notwithstanding subsection (a) of

this section, a bankruptcy judge serving on a part-time basis on

the date of enactment of this Act [July 10, 1984] may continue to

serve on such basis for a period not to exceed two years from the

date of enactment of this Act [July 10, 1984].

"(2) Notwithstanding the provisions of section 153(b) of title

28, United States Code, a bankruptcy judge serving on a part-time

basis may engage in the practice of law but may not engage in any

other practice, business, occupation, or employment inconsistent

with the expeditious, proper, and impartial performance of such

bankruptcy judge's duties as a judicial officer. The Judicial

Conference of the United States may promulgate appropriate rules

and regulations to implement this paragraph."

APPOINTMENT TO FILL VACANCIES; NOMINATIONS; QUALIFICATIONS

Section 120 of Pub. L. 98-353, as amended by Pub. L. 99-554,

title I, Sec. 102, Oct. 27, 1986, 100 Stat. 3089; Pub. L. 104-317,

title III, Sec. 303, Oct. 19, 1996, 110 Stat. 3852, provided that:

"(a)(1) Whenever a court of appeals is authorized to fill a

vacancy that occurs on a bankruptcy court of the United States,

such court of appeals shall appoint to fill that vacancy a person

whose character, experience, ability, and impartiality qualify such

person to serve in the Federal judiciary.

"(2) It is the sense of the Congress that the courts of appeals

should consider for appointment under section 152 of title 28,

United States Code, to the first vacancy which arises after the

date of the enactment of this Act [July 10, 1984] in the office of

each bankruptcy judge, the bankruptcy judge who holds such office

immediately before such vacancy arises, if such bankruptcy judge

requests to be considered for such appointment.

"(3) When filling vacancies, the court of appeals may consider

reappointing incumbent bankruptcy judges under procedures

prescribed by regulations issued by the Judicial Conference of the

United States.

"(b) The judicial council of the circuit involved shall assist

the court of appeals by evaluating potential nominees and by

recommending to such court for consideration for appointment to

each vacancy on the bankruptcy court persons who are qualified to

be bankruptcy judges under regulations prescribed by the Judicial

Conference of the United States. In the case of the first vacancy

which arises after the date of the enactment of this Act [July 10,

1984] in the office of each bankruptcy judge, such potential

nominees shall include the bankruptcy judge who holds such office

immediately before such vacancy arises, if such bankruptcy judge

requests to be considered for such appointment and the judicial

council determines that such judge is qualified under subsection

(c) of this section to continue to serve. Such potential nominees

shall receive consideration equal to that given all other potential

nominees for such position. All incumbent nominees seeking

reappointment thereafter may be considered for such a

reappointment, pursuant to a majority vote of the judges of the

appointing court of appeals, under procedures authorized under

subsection (a)(3).

"(c) Before transmitting to the court of appeals the names of the

persons the judicial council for the circuit deems best qualified

to fill any existing vacancy, the judicial council shall have

determined that -

"(1) public notice of such vacancy has been given and an effort

has been made, in the case of each such vacancy, to identify

qualified candidates, without regard to race, color, sex,

religion, or national origin,

"(2) such persons are members in good standing of at least one

State bar, the District of Columbia bar, or the bar of the

Commonwealth of Puerto Rico, and members in good standing of

every other bar of which they are members,

"(3) such persons possess, and have a reputation for, integrity

and good character,

"(4) such persons are of sound physical and mental health,

"(5) such persons possess and have demonstrated commitment to

equal justice under law,

"(6) such persons possess and have demonstrated outstanding

legal ability and competence, as evidenced by substantial legal

experience, ability to deal with complex legal problems, aptitude

for legal scholarship and writing, and familiarity with courts

and court processes, and

"(7) such persons demeanor, character, and personality indicate

that they would exhibit judicial temperament if appointed to the

position of United States bankruptcy judge."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 354, 372, 377 of this

title; title 5 section 8331.

-End-

-CITE-

28 USC Sec. 153 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 6 - BANKRUPTCY JUDGES

-HEAD-

Sec. 153. Salaries; character of service

-STATUTE-

(a) Each bankruptcy judge shall serve on a full-time basis and

shall receive as full compensation for his services, a salary at an

annual rate that is equal to 92 percent of the salary of a judge of

the district court of the United States as determined pursuant to

section 135, to be paid at such times as the Judicial Conference of

the United States determines.

(b) A bankruptcy judge may not engage in the practice of law and

may not engage in any other practice, business, occupation, or

employment inconsistent with the expeditious, proper, and impartial

performance of such bankruptcy judge's duties as a judicial

officer. The Conference may promulgate appropriate rules and

regulations to implement this subsection.

(c) Each individual appointed under this chapter shall take the

oath or affirmation prescribed by section 453 of this title before

performing the duties of the office of bankruptcy judge.

(d) A bankruptcy judge appointed under this chapter shall be

exempt from the provisions of subchapter I of chapter 63 of title

5.

-SOURCE-

(Added Pub. L. 98-353, title I, Sec. 104(a), July 10, 1984, 98

Stat. 338; amended Pub. L. 100-202, Sec. 101(a), [title IV, Sec.

408(a)], Dec. 22, 1987, 101 Stat. 1329, 1329-26; Pub. L. 100-702,

title X, Sec. 1003(a)(1), Nov. 19, 1988, 102 Stat. 4665.)

-MISC1-

AMENDMENTS

1988 - Subsec. (d). Pub. L. 100-702 added subsec. (d).

1987 - Subsec. (a). Pub. L. 100-202 amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows: "Each

bankruptcy judge shall serve on a full-time basis and shall receive

as full compensation for his services a salary at an annual rate

determined under section 225 of the Federal Salary Act of 1967 (2

U.S.C. 351-361) as adjusted by section 461 of this title, to be

paid at such times as the Judicial Conference of the United States

determines."

EFFECTIVE DATE OF 1987 AMENDMENT

Section 101(a) [title IV, Sec. 408(d)] of Pub. L. 100-202

provided that: "This section [amending this section, section 634 of

this title, and section 356 of Title 2, The Congress] shall become

effective October 1, 1988, and any salary affected by the

provisions of this section shall be adjusted at the beginning of

the first applicable pay period commencing on or after such date of

enactment [probably should read "such date", meaning Oct. 1,

1988]."

TRANSITION PROVISIONS

Section 1003(b) of Pub. L. 100-702 provided that:

"(1) If an individual who is exempted from the Leave Act by

operation of amendments under this section [amending this section

and sections 156, 631, 634, 712, 752, and 794 of this title] and

who was previously subject to the provisions of subchapter I of

chapter 63 of title 5, United States Code, without a break in

service, again becomes subject to this subchapter on completion of

his service as an exempted officer, the unused annual leave and

sick leave standing to his credit when he was exempted from this

subchapter is deemed to have remained to his credit.

"(2) In computing an annuity under section 8339 of title 5,

United States Code, the total service of a person specified in

paragraph (1) of this subsection who retired on an immediate

annuity or dies leaving a survivor or survivors entitled to an

annuity includes, without regard to the limitations imposed by

subsection (f) of section 8339 of title 5, United States Code, the

days of unused sick leave standing to his credit when he was

exempted from subchapter I of chapter 63 of title 5, United States

Code, except that these days will not be counted in determining

average pay or annuity eligibility."

CONTINUATION OF SALARIES OF BANKRUPTCY JUDGES IN EFFECT ON JUNE 27,

1984

Section 105(a) of Pub. L. 98-353 provided that: "The salary of a

bankruptcy judge in effect on June 27, 1984, shall remain in effect

until changed as a result of a determination or adjustment made

pursuant to section 153(a) of title 28, United States Code, as

added by this Act."

PART-TIME BANKRUPTCY JUDGES

For provision that notwithstanding subsecs. (a) and (b) of this

section, a bankruptcy judge serving on a part-time basis on July

10, 1984, may continue to serve on such basis for two years from

such date, and may engage in the practice of law, see section 106

of Pub. L. 98-353, set out as a note under section 152 of this

title.

SALARY INCREASES

1988 - Salaries of bankruptcy judges continued at $72,500 per

annum by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, formerly

set out as a note under section 5332 of Title 5, Government

Organization and Employees.

1987 - Salaries of bankruptcy judges increased to $72,500 per

annum, on recommendation of the President of the United States, see

note set out under section 358 of Title 2, The Congress.

Salaries of bankruptcy judges increased to $70,500 effective on

first day of first pay period beginning on or after Jan. 1, 1987,

by Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505, formerly set out

as a note under section 5332 of Title 5, Government Organization

and Employees.

1985 - Salaries of bankruptcy judges increased to $68,400

effective on first day of first pay period beginning on or after

Jan. 1, 1985, by Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as

amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577, formerly

set out as a note under section 5332 of Title 5.

1984 - Salaries of bankruptcy judges (full-time) and bankruptcy

judges (part-time) (maximum rate) increased to $66,100 and $33,100,

respectively, effective on first day of first pay period beginning

on or after Jan. 1, 1984, by Ex. Ord. No. 12456, Dec. 30, 1983, 49

F.R. 347, as amended Ex. Ord. No. 12477, May 23, 1984, 49 F.R.

22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493, formerly

set out as a note under section 5332 of Title 5.

1982 - Salaries of bankruptcy judges and referees in bankruptcy

(full-time), or referees in bankruptcy (part-time) (maximum rate)

increased to $63,600 and $31,800, respectively, effective on first

day of first pay period beginning on or after Oct. 1, 1982, by Ex.

Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, formerly set out as a

note under section 5332 of Title 5. Ex. Ord. No. 12387 further

provided that pursuant to section 101(e) of Pub. L. 97-276 funds

are not available to pay a salary at a rate which exceeds the rate

in effect on Sept. 30, 1982, which was $58,500 for bankruptcy

judges and referees in bankruptcy (full-time), and $30,600 for

referees in bankruptcy (part-time) (maximum rate).

Maximum rate payable to bankruptcy judges after Dec. 17, 1982,

increased from $58,500 to $63,600, see Pub. L. 97-377, title I,

Sec. 129(b)-(d), Dec. 21, 1982, 96 Stat. 1914, set out as a note

under section 5318 of Title 5.

1981 - Salaries of bankruptcy judges and referees in bankruptcy

(full-time), or referees in bankruptcy (part-time) (maximum rate)

increased to $61,200 and $30,600, respectively, effective on first

day of first pay period beginning on or after Oct. 1, 1981, by Ex.

Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, formerly set out as a

note under section 5332 of Title 5. Ex. Ord. No. 12330 further

provided that pursuant to section 101(c) of Pub. L. 97-51 funds are

not available to pay a salary at a rate which exceeds the rate in

effect on Sept. 30, 1981, which was $51,167.50 for bankruptcy

judges and referees in bankruptcy (full-time), and $25,583.75 for

referees in bankruptcy (part-time) (maximum rate).

1980 - Salaries of bankruptcy judges and referees in bankruptcy

(full-time), or referees in bankruptcy (part-time) (maximum rate)

increased to $58,400 and $29,200, respectively, effective on first

day of first pay period beginning on or after Oct. 1, 1980, by Ex.

Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, formerly set out as a

note under section 5332 of Title 5. Ex. Ord. No. 12248 further

provided that pursuant to section 101(c) of Pub. L. 96-369 funds

are not available to pay a salary which exceeds the rate in effect

on Sept. 30, 1980, which was $51,167.50 for bankruptcy judges and

referees in bankruptcy (full-time), and $25,583.75 for referees in

bankruptcy (part-time) (maximum rate).

For limitations on use of funds for period Oct. 1, 1980 through

June 5, 1981, appropriated by any Act to pay the salary or pay of

any individual in legislative, executive, or judicial branch in

position equal to or above level V of the Executive Schedule, see

section 101(c) of Pub. L. 96-369 and section 101(c) of Pub. L.

96-536, set out as notes under section 5318 of Title 5.

1979 - Salaries of bankruptcy judges increased to $53,500

effective on first day of first pay period beginning on or after

Oct. 1, 1979, by Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671,

as amended by Ex. Ord. No. 12200, Mar. 12, 1980, 45 F.R. 16443,

formerly set out as a note under section 5332 of Title 5. Ex. Ord.

No. 12165 further provided that pursuant to Pub. L. 96-86 funds

appropriated for fiscal year 1980 may not be used to pay a salary

at a rate which exceeds an increase of 5.5 percent over the

applicable rate payable for such position or office in effect on

Sept. 30, 1978, which was $51,167.50 for bankruptcy judges.

-End-

-CITE-

28 USC Sec. 154 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 6 - BANKRUPTCY JUDGES

-HEAD-

Sec. 154. Division of businesses; chief judge

-STATUTE-

(a) Each bankruptcy court for a district having more than one

bankruptcy judge shall by majority vote promulgate rules for the

division of business among the bankruptcy judges to the extent that

the division of business is not otherwise provided for by the rules

of the district court.

(b) In each district court having more than one bankruptcy judge

the district court shall designate one judge to serve as chief

judge of such bankruptcy court. Whenever a majority of the judges

of such district court cannot agree upon the designation as chief

judge, the chief judge of such district court shall make such

designation. The chief judge of the bankruptcy court shall ensure

that the rules of the bankruptcy court and of the district court

are observed and that the business of the bankruptcy court is

handled effectively and expeditiously.

-SOURCE-

(Added Pub. L. 98-353, title I, Sec. 104(a), July 10, 1984, 98

Stat. 339.)

-End-

-CITE-

28 USC Sec. 155 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 6 - BANKRUPTCY JUDGES

-HEAD-

Sec. 155. Temporary transfer of bankruptcy judges

-STATUTE-

(a) A bankruptcy judge may be transferred to serve temporarily as

a bankruptcy judge in any judicial district other than the judicial

district for which such bankruptcy judge was appointed upon the

approval of the judicial council of each of the circuits involved.

(b) A bankruptcy judge who has retired may, upon consent, be

recalled to serve as a bankruptcy judge in any judicial district by

the judicial council of the circuit within which such district is

located. Upon recall, a bankruptcy judge may receive a salary for

such service in accordance with regulations promulgated by the

Judicial Conference of the United States, subject to the

restrictions on the payment of an annuity in section 377 of this

title or in subchapter III of chapter 83, and chapter 84, of title

5 which are applicable to such judge.

-SOURCE-

(Added Pub. L. 98-353, title I, Sec. 104(a), July 10, 1984, 98

Stat. 339; amended Pub. L. 99-651, title II, Sec. 202(a), Nov. 14,

1986, 100 Stat. 3648; Pub. L. 100-659, Sec. 4(a), Nov. 15, 1988,

102 Stat. 3918.)

-MISC1-

AMENDMENTS

1988 - Subsec. (b). Pub. L. 100-659 inserted "section 377 of this

title or in" after "annuity in" and "which are applicable to such

judge" after "title 5".

1986 - Subsec. (b). Pub. L. 99-651 inserted reference to chapter

84 of title 5.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-659 effective Nov. 15, 1988, and

applicable to bankruptcy judges and magistrate judges who retire on

or after Nov. 15, 1988, with exception for judges and magistrate

judges retiring on or after July 31, 1987, see section 9 of Pub. L.

100-659, as amended, set out as an Effective Date note under

section 377 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 203 of title II of Pub. L. 99-651 provided that: "This

title and the amendments made by this title [enacting section 375

of this title and amending this section and sections 374, 631, 633,

636, and 797 of this title] take effect on January 1, 1987."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 374, 375, 376, 377 of

this title.

-End-

-CITE-

28 USC Sec. 156 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 6 - BANKRUPTCY JUDGES

-HEAD-

Sec. 156. Staff; expenses

-STATUTE-

(a) Each bankruptcy judge may appoint a secretary, a law clerk,

and such additional assistants as the Director of the

Administrative Office of the United States Courts determines to be

necessary. A law clerk appointed under this section shall be exempt

from the provisions of subchapter I of chapter 63 of title 5,

unless specifically included by the appointing judge or by local

rule of court.

(b) Upon certification to the judicial council of the circuit

involved and to the Director of the Administrative Office of the

United States Courts that the number of cases and proceedings

pending within the jurisdiction under section 1334 of this title

within a judicial district so warrants, the bankruptcy judges for

such district may appoint an individual to serve as clerk of such

bankruptcy court. The clerk may appoint, with the approval of such

bankruptcy judges, and in such number as may be approved by the

Director, necessary deputies, and may remove such deputies with the

approval of such bankruptcy judges.

(c) Any court may utilize facilities or services, either on or

off the court's premises, which pertain to the provision of

notices, dockets, calendars, and other administrative information

to parties in cases filed under the provisions of title 11, United

States Code, where the costs of such facilities or services are

paid for out of the assets of the estate and are not charged to the

United States. The utilization of such facilities or services shall

be subject to such conditions and limitations as the pertinent

circuit council may prescribe.

(d) No office of the bankruptcy clerk of court may be

consolidated with the district clerk of court office without the

prior approval of the Judicial Conference and the Congress.

(e) In a judicial district where a bankruptcy clerk has been

appointed pursuant to subsection (b), the bankruptcy clerk shall be

the official custodian of the records and dockets of the bankruptcy

court.

(f) For purposes of financial accountability in a district where

a bankruptcy clerk has been certified, such clerk shall be

accountable for and pay into the Treasury all fees, costs, and

other monies collected by such clerk except uncollected fees not

required by an Act of Congress to be prepaid. Such clerk shall make

returns thereof to the Director of the Administrative Office of the

United States Courts and the Director of the Executive Office For

United States Trustees, under regulations prescribed by such

Directors.

-SOURCE-

(Added Pub. L. 98-353, title I, Sec. 104(a), July 10, 1984, 98

Stat. 339; amended Pub. L. 99-554, title I, Secs. 103, 142, 144(a),

Oct. 27, 1986, 100 Stat. 3090, 3096; Pub. L. 100-702, title X, Sec.

1003(a)(3), Nov. 19, 1988, 102 Stat. 4665.)

-MISC1-

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-702 inserted at end "A law clerk

appointed under this section shall be exempt from the provisions of

subchapter I of chapter 63 of title 5, unless specifically included

by the appointing judge or by local rule of court."

1986 - Subsec. (d). Pub. L. 99-554, Sec. 103, added subsec. (d).

Subsecs. (e), (f). Pub. L. 99-554, Secs. 142, 144(a), added

subsecs. (e) and (f).

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by section 103 of Pub. L. 99-554 effective Oct. 27,

1986, and amendment by sections 142 and 144 of Pub. L. 99-554

effective 30 days after Oct. 27, 1986, see section 302(a), (b) of

Pub. L. 99-554, set out as a note under section 581 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1930 of this title.

-End-

-CITE-

28 USC Sec. 157 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 6 - BANKRUPTCY JUDGES

-HEAD-

Sec. 157. Procedures

-STATUTE-

(a) Each district court may provide that any or all cases under

title 11 and any or all proceedings arising under title 11 or

arising in or related to a case under title 11 shall be referred to

the bankruptcy judges for the district.

(b)(1) Bankruptcy judges may hear and determine all cases under

title 11 and all core proceedings arising under title 11, or

arising in a case under title 11, referred under subsection (a) of

this section, and may enter appropriate orders and judgments,

subject to review under section 158 of this title.

(2) Core proceedings include, but are not limited to -

(A) matters concerning the administration of the estate;

(B) allowance or disallowance of claims against the estate or

exemptions from property of the estate, and estimation of claims

or interests for the purposes of confirming a plan under chapter

11, 12, or 13 of title 11 but not the liquidation or estimation

of contingent or unliquidated personal injury tort or wrongful

death claims against the estate for purposes of distribution in a

case under title 11;

(C) counterclaims by the estate against persons filing claims

against the estate;

(D) orders in respect to obtaining credit;

(E) orders to turn over property of the estate;

(F) proceedings to determine, avoid, or recover preferences;

(G) motions to terminate, annul, or modify the automatic stay;

(H) proceedings to determine, avoid, or recover fraudulent

conveyances;

(I) determinations as to the dischargeability of particular

debts;

(J) objections to discharges;

(K) determinations of the validity, extent, or priority of

liens;

(L) confirmations of plans;

(M) orders approving the use or lease of property, including

the use of cash collateral;

(N) orders approving the sale of property other than property

resulting from claims brought by the estate against persons who

have not filed claims against the estate; and

(O) other proceedings affecting the liquidation of the assets

of the estate or the adjustment of the debtor-creditor or the

equity security holder relationship, except personal injury tort

or wrongful death claims.

(3) The bankruptcy judge shall determine, on the judge's own

motion or on timely motion of a party, whether a proceeding is a

core proceeding under this subsection or is a proceeding that is

otherwise related to a case under title 11. A determination that a

proceeding is not a core proceeding shall not be made solely on the

basis that its resolution may be affected by State law.

(4) Non-core proceedings under section 157(b)(2)(B) of title 28,

United States Code, shall not be subject to the mandatory

abstention provisions of section 1334(c)(2).

(5) The district court shall order that personal injury tort and

wrongful death claims shall be tried in the district court in which

the bankruptcy case is pending, or in the district court in the

district in which the claim arose, as determined by the district

court in which the bankruptcy case is pending.

(c)(1) A bankruptcy judge may hear a proceeding that is not a

core proceeding but that is otherwise related to a case under title

11. In such proceeding, the bankruptcy judge shall submit proposed

findings of fact and conclusions of law to the district court, and

any final order or judgment shall be entered by the district judge

after considering the bankruptcy judge's proposed findings and

conclusions and after reviewing de novo those matters to which any

party has timely and specifically objected.

(2) Notwithstanding the provisions of paragraph (1) of this

subsection, the district court, with the consent of all the parties

to the proceeding, may refer a proceeding related to a case under

title 11 to a bankruptcy judge to hear and determine and to enter

appropriate orders and judgments, subject to review under section

158 of this title.

(d) The district court may withdraw, in whole or in part, any

case or proceeding referred under this section, on its own motion

or on timely motion of any party, for cause shown. The district

court shall, on timely motion of a party, so withdraw a proceeding

if the court determines that resolution of the proceeding requires

consideration of both title 11 and other laws of the United States

regulating organizations or activities affecting interstate

commerce.

(e) If the right to a jury trial applies in a proceeding that may

be heard under this section by a bankruptcy judge, the bankruptcy

judge may conduct the jury trial if specially designated to

exercise such jurisdiction by the district court and with the

express consent of all the parties.

-SOURCE-

(Added Pub. L. 98-353, title I, Sec. 104(a), July 10, 1984, 98

Stat. 340; amended Pub. L. 99-554, title I, Secs. 143, 144(b), Oct.

27, 1986, 100 Stat. 3096; Pub. L. 103-394, title I, Sec. 112, Oct.

22, 1994, 108 Stat. 4117.)

-MISC1-

AMENDMENTS

1994 - Subsec. (e). Pub. L. 103-394 added subsec. (e).

1986 - Subsec. (b)(2). Pub. L. 99-554, in subpar. (B) substituted

"interests" for "interest" and inserted reference to chapter 12,

and in subpar. (G) inserted a comma after "annul".

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-394 effective Oct. 22, 1994, and not

applicable with respect to cases commenced under Title 11,

Bankruptcy, before Oct. 22, 1994, see section 702 of Pub. L.

103-394, set out as a note under section 101 of Title 11.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-554 effective 30 days after Oct. 27,

1986, see section 302(a) of Pub. L. 99-554, set out as a note under

section 581 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 158 of this title; title

11 section 524.

-End-

-CITE-

28 USC Sec. 158 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 6 - BANKRUPTCY JUDGES

-HEAD-

Sec. 158. Appeals

-STATUTE-

(a) The district courts of the United States shall have

jurisdiction to hear appeals (!1)

(1) from final judgments, orders, and decrees;

(2) from interlocutory orders and decrees issued under section

1121(d) of title 11 increasing or reducing the time periods

referred to in section 1121 of such title; and

(3) with leave of the court, from other interlocutory orders

and decrees;

and, with leave of the court, from interlocutory orders and

decrees, of bankruptcy judges entered in cases and proceedings

referred to the bankruptcy judges under section 157 of this title.

An appeal under this subsection shall be taken only to the district

court for the judicial district in which the bankruptcy judge is

serving.

(b)(1) The judicial council of a circuit shall establish a

bankruptcy appellate panel service composed of bankruptcy judges of

the districts in the circuit who are appointed by the judicial

council in accordance with paragraph (3), to hear and determine,

with the consent of all the parties, appeals under subsection (a)

unless the judicial council finds that -

(A) there are insufficient judicial resources available in the

circuit; or

(B) establishment of such service would result in undue delay

or increased cost to parties in cases under title 11.

Not later than 90 days after making the finding, the judicial

council shall submit to the Judicial Conference of the United

States a report containing the factual basis of such finding.

(2)(A) A judicial council may reconsider, at any time, the

finding described in paragraph (1).

(B) On the request of a majority of the district judges in a

circuit for which a bankruptcy appellate panel service is

established under paragraph (1), made after the expiration of the

1-year period beginning on the date such service is established,

the judicial council of the circuit shall determine whether a

circumstance specified in subparagraph (A) or (B) of such paragraph

exists.

(C) On its own motion, after the expiration of the 3-year period

beginning on the date a bankruptcy appellate panel service is

established under paragraph (1), the judicial council of the

circuit may determine whether a circumstance specified in

subparagraph (A) or (B) of such paragraph exists.

(D) If the judicial council finds that either of such

circumstances exists, the judicial council may provide for the

completion of the appeals then pending before such service and the

orderly termination of such service.

(3) Bankruptcy judges appointed under paragraph (1) shall be

appointed and may be reappointed under such paragraph.

(4) If authorized by the Judicial Conference of the United

States, the judicial councils of 2 or more circuits may establish a

joint bankruptcy appellate panel comprised of bankruptcy judges

from the districts within the circuits for which such panel is

established, to hear and determine, upon the consent of all the

parties, appeals under subsection (a) of this section.

(5) An appeal to be heard under this subsection shall be heard by

a panel of 3 members of the bankruptcy appellate panel service,

except that a member of such service may not hear an appeal

originating in the district for which such member is appointed or

designated under section 152 of this title.

(6) Appeals may not be heard under this subsection by a panel of

the bankruptcy appellate panel service unless the district judges

for the district in which the appeals occur, by majority vote, have

authorized such service to hear and determine appeals originating

in such district.

(c)(1) Subject to subsection (b), each appeal under subsection

(a) shall be heard by a 3-judge panel of the bankruptcy appellate

panel service established under subsection (b)(1) unless -

(A) the appellant elects at the time of filing the appeal; or

(B) any other party elects, not later than 30 days after

service of notice of the appeal;

to have such appeal heard by the district court.

(2) An appeal under subsections (a) and (b) of this section shall

be taken in the same manner as appeals in civil proceedings

generally are taken to the courts of appeals from the district

courts and in the time provided by Rule 8002 of the Bankruptcy

Rules.

(d) The courts of appeals shall have jurisdiction of appeals from

all final decisions, judgments, orders, and decrees entered under

subsections (a) and (b) of this section.

-SOURCE-

(Added Pub. L. 98-353, title I, Sec. 104(a), July 10, 1984, 98

Stat. 341; amended Pub. L. 101-650, title III, Sec. 305, Dec. 1,

1990, 104 Stat. 5105; Pub. L. 103-394, title I, Secs. 102, 104(c),

(d), Oct. 22, 1994, 108 Stat. 4108-4110.)

-REFTEXT-

REFERENCES IN TEXT

The Bankruptcy Rules, referred to in subsec. (c)(2), are set out

in the Appendix to Title 11, Bankruptcy.

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-394, Sec. 102, which directed the

amendment of subsec. (a) by striking "from" the first place it

appears and all that follows through "decrees," and inserting pars.

(1) to (3), was executed by making the insertion and striking after

"appeals" "from final judgments, orders, and decrees,", which is

through "decrees," the first place appearing, to reflect the

probable intent of Congress.

Subsec. (b)(1). Pub. L. 103-394, Sec. 104(c)(3), added par. (1)

and struck out former par. (1) which read as follows: "The judicial

council of a circuit may establish a bankruptcy appellate panel,

comprised of bankruptcy judges from districts within the circuit,

to hear and determine, upon the consent of all the parties, appeals

under subsection (a) of this section."

Subsec. (b)(2). Pub. L. 103-394, Sec. 104(c)(3), added par. (2).

Former par. (2) redesignated (4).

Subsec. (b)(3). Pub. L. 103-394, Sec. 104(c)(1), (3), added par.

(3) and struck out former par. (3) which read as follows: "No

appeal may be referred to a panel under this subsection unless the

district judges for the district, by majority vote, authorize such

referral of appeals originating within the district."

Subsec. (b)(4). Pub. L. 103-394, Sec. 104(c)(1), (2),

redesignated par. (2) as (4) and struck out former par. (4) which

read as follows: "A panel established under this section shall

consist of three bankruptcy judges, provided a bankruptcy judge may

not hear an appeal originating within a district for which the

judge is appointed or designated under section 152 of this title."

Subsec. (b)(5), (6). Pub. L. 103-394, Sec. 104(c)(4), added pars.

(5) and (6).

Subsec. (c). Pub. L. 103-394, Sec. 104(d), designated existing

provisions as par. (2) and added par. (1).

1990 - Subsec. (b)(2) to (4). Pub. L. 101-650 added par. (2) and

redesignated former pars. (2) and (3) as (3) and (4), respectively.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-394 effective Oct. 22, 1994, and not

applicable with respect to cases commenced under Title 11,

Bankruptcy, before Oct. 22, 1994, see section 702 of Pub. L.

103-394, set out as a note under section 101 of Title 11.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 157, 1334, 1452 of this

title; title 11 section 305.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a dash.

-End-