§ 151. Designation of bankruptcy courts

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1984

   Pub. L. 98–353 title I § 104(a) · 98 Stat. 333

   Enacted · 28 U.S.C. § 151

   (Added Pub. L. 98–353, title I, § 104(a), July 10, 1984, 98 Stat. 336.)

   Source evidence

   Code source credit
   (Added Pub. L. 98–353, title I, § 104(a), July 10, 1984, 98 Stat. 336.)

   Enacted provision · exact public law section
   (a) Title 28 of the United States Code is amended by inserting after chapter 5 the following new chapter: “CHAPTER 6— BANKRUPTCY JUDGES “Sec. “151. Designation of bankruptcy courts. “152. Appointment of bankruptcy judges. “153. Salaries; character of service. “154. Division of business; chief judge. “155. Temporary transfer of bankruptcy judges. “156. Staff; expenses. “157. Procedures. “158. Appeals. “§ 151. Designation of bankruptcy courts “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. “§ 152. Appointment of bankruptcy judges “(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). Bankruptcy judges shall serve as judicial officers of the United States district court USC prec. title 1. established under Article III of the Constitution. “(2) The bankruptcy judges appointed pursuant to this section shall be appointed tor the several judicial districts as follows: “Districts   Alabama: Judges   Northern 5    Middle 2    Southern 2  Alaska 1  Arizona 4  Arkansas:     Eastern and Western 2  California:     Northern 7    Eastern 4    Central 12    Southern 3  Colorado 4  Connecticut 2  Delaware 1  District of Columbia 1  Florida:     Northern 1    Middle 2    Southern 3  Georgia:     Northern 4    Middle 2    Southern 1  Hawaii 1  Idaho 1  Illinois:     Northern 8    Central 2    Southern 1  Indiana:     Northern 2    Southern 4  Iowa:     Northern 1    Southern 1  Kansas 3  Kentucky:     Eastern 1    Western 2  Louisiana:     Eastern 2    Middle 1    Western 2  Maine 2  Maryland 2  Massachusetts 4  Michigan:     Eastern 4    Western 2  Minnesota 4  Mississippi:     Northern 1    Southern 2  Missouri:     Eastern 3    Western 3  Montana 1  Nebraska 1  Nevada 2  New Hampshire 1  New Jersey 5  New Mexico 2  New York:     Northern 2    Southern 7    Eastern 6    Western 3  North Carolina:     Eastern 2    Middle 2    Western 1  North Dakota 1  Ohio:     Northern 8    Southern 7  Oklahoma:     Northern 1    Eastern 1    Western 2  Oregon 4  Pennsylvania:     Eastern 3    Middle 2    Western 3  Puerto Rico 2  Rhode Island 1  South Carolina 1  South Dakota 1  Tennessee:     Eastern 2    Middle 2    Western 2  Texas:     Northern 4    Eastern 1    Southern 3    Western 2  Utah 2  Vermont Virginia: 1  Eastern 3    Western 3  Washington:     Eastern 1    Western 4  West Virginia:     Northern 1    Southern 1  Wisconsin:     Eastern 3    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. “(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. “§ 153. Salaries; character of service “(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 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. “(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. “§ 154. Division of businesses; chief judge “(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. “§ 155. Temporary transfer of bankruptcy judges “(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 subchapter III of chapter 83 of title 5. 5 USC 8331. “§ 156. Staff; expenses “(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. “(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 Ante, p. 333. 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. “§ 157. Procedures “(a) Each district court may provide that any or all cases under 11 USC 101 et seq. 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 Post, p. 341. 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 interest for the purposes of confirming a plan under 11 USC 1101 et seq., 1301 et seq. chapter 11 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 Ante, p. 340. Ante, p. 333. 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. 11 USC 101 et seq. 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. Infra. “(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. “§ 158. Appeals “(a) The district courts of the United States shall have jurisdiction to hear appeals from final judgments, 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 Ante, p. 340. 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 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. “(2) 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. “(3) 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. Ante, p. 336. “(c) 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. 11 USC app. “(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.”.

1 of 1 references resolved to an enrolled provision