§ 156. Staff; expenses

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. § 156

   Added Pub. L. 98–353, title I, § 104(a), July 10, 1984, 98 Stat. 339

   Source evidence

   Code source credit
   Added Pub. L. 98–353, title I, § 104(a), July 10, 1984, 98 Stat. 339

   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.”.

2. 1986

   Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986

   Pub. L. 99–554 § 103 · 100 Stat. 3088

   Added · 28 U.S.C. § 156(d)

   Pub. L. 99–554, § 103, added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 99–554, § 103, added subsec. (d).

   Enacted provision · exact public law section
   SEC. 103. DIVISION OF BUSINESS AMONG BANKRUPTCY JUDGES. Section 156 of title 28, United States Code, is amended by adding at the end thereof the following: “(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.”.

   Effective date note
   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.

3. 1986

   Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986

   Pub. L. 99–554 title I · 100 Stat. 3088

   Added · 28 U.S.C. § 156(e); 28 U.S.C. § 156(f)

   Pub. L. 99–554, §§ 142, 144(a), added subsecs. (e) and (f)

   Source evidence

   Code amendment note
   Subsecs. (e), (f). Pub. L. 99–554, §§ 142, 144(a), added subsecs. (e) and (f).

   Enacted provision · exact public law
   TITLE I— AMENDMENTS TO TITLE 28 OF THE UNITED STATES CODE Subtitle A— Appointment of Bankruptcy Judges SEC. 101. ADDITIONAL BANKRUPTCY JUDGES. Section 152(a)(2) of title 28, United States Code, is amended— (1) in the item relating to the eastern district and the western district of Arkansas by striking out “2” and inserting in lieu thereof “3”, (2) in the item relating to the northern district of California by striking out “7” and inserting in lieu thereof “9”, (3) in the item relating to the eastern district of California by striking out “4” and inserting in lieu thereof “6”, (4) in the item relating to the central district of California by striking out “12” and inserting in lieu thereof “19”, (5) in the item relating to the southern district of California by striking out “3” and inserting in lieu thereof “4”, (6) in the item relating to the middle district of Florida by striking out “2” and inserting in lieu thereof “4”, (7) in the item relating to the northern district of Georgia by striking out “4” and inserting in lieu thereof “6”, (8) in the item relating to the southern district of Georgia by striking out “1” and inserting in lieu thereof “2”, (9) in the item relating to the district of Idaho by striking out “1” and inserting in lieu thereof “2”, (10) in the item relating to the northern district of Illinois by striking out “8” and inserting in lieu thereof “10”, (11) in the item relating to the central district of Illinois by striking out “2” and inserting in lieu thereof “3”, (12) in the item relating to the northern district of Indiana by striking out “2” and inserting in lieu thereof “3”, (13) in the item relating to the northern district of Iowa by striking out “1” and inserting in lieu thereof “2”, (14) in the item relating to the southern district of Iowa by striking out “1” and inserting in lieu thereof “2”, (15) in the item relating to the western district of Kentucky by striking out “2” and inserting in lieu thereof “3”, (16) in the item relating to the western district of Louisiana by striking out “2” and inserting in lieu thereof “3”, (17) in the item relating to the district of Maryland by striking out “2” and inserting in lieu thereof “3”, (18) in the item relating to the western district of Michigan by striking out “2” and inserting in lieu thereof “3”, (19) in the item relating to the district of Nebraska by striking out “1” and inserting in lieu thereof “2”, (20) in the item relating to the district of Nevada by striking out “2” and inserting in lieu thereof “3”, (21) in the item relating to the district of New Jersey by striking out “5” and inserting in lieu thereof “7”, (22) in the item relating to the western district of North Carolina by striking out “1” and inserting in lieu thereof “2”, (23) in the item relating to the northern district of Oklahoma by striking out “1” and inserting in lieu thereof “2”, (24) in the item relating to the western district of Oklahoma by striking out “2” and inserting in lieu thereof “3”, (25) in the item relating to the district of Oregon by striking out “4” and inserting in lieu thereof “5”, (26) in the item relating to the western district of Pennsylvania by striking out “3” and inserting in lieu thereof “4”, (27) in the item relating to the district of South Carolina by striking out “1” and inserting in lieu thereof “2”, (28) in the item relating to the district of South Dakota by striking out “1” and inserting in lieu thereof “2”. (29) in the item relating to the eastern district of Tennessee by striking out “2” and inserting in lieu thereof “3”, (30) in the item relating to the western district of Tennessee by striking out “2” and inserting in lieu thereof “3”, (31) in the item relating to the northern district of Texas by striking out “4” and inserting in lieu thereof “5”, (32) in the item relating to the southern district of Texas by striking out “3” and inserting in lieu thereof “6”, (33) in the item relating to the western district of Texas by striking out “2” and inserting in lieu thereof “3”, (34) in the item relating to the district of Utah by striking out “2” and inserting in lieu thereof “3”, (35) in the item relating to the eastern district of Virginia by striking out “3” and inserting in lieu thereof “4”, (36) in the item relating to the eastern district of Washington by striking out “1” and inserting in lieu thereof “2”, (37) in the item relating to the western district of Washington by striking out “4” and inserting in lieu thereof “5”, and (38) in the item relating to the eastern district of Wisconsin by striking out “3” and inserting in lieu thereof “4”. SEC. 102. QUALIFICATIONS FOR APPOINTMENT OF BANKRUPTCY JUDGES. Section 120(c)(2) of the Bankruptcy Amendments and Federal Judgeship Act of 1984 (Public Law 98–353; 98 Stat. 345) is amended by striking out “or the District of Columbia bar,” and inserting in lieu thereof “the District of Columbia bar, or the bar of the Commonwealth of Puerto Rico,”. SEC. 103. DIVISION OF BUSINESS AMONG BANKRUPTCY JUDGES. Section 156 of title 28, United States Code, is amended by adding at the end thereof the following: “(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.”. Subtitle B— Appointment of United States Trustees and Related Matters SEC. 111. APPOINTMENT OF UNITED STATES TRUSTEES. (a) Appointment Nationwide of United States Trustees.— Section 581(a) of title 28, United States Code, is amended to read as follows: “(a) The Attorney General shall appoint one United States trustee for each of the following regions composed of Federal judicial districts (without regard to section 451): “(1) The judicial districts established for the States of Maine, Massachusetts, New Hampshire, and Rhode Island. “(2) The judicial districts established for the States of Connecticut, New York, and Vermont. “(3) The judicial districts established for the States of Delaware, New Jersey, and Pennsylvania. “(4) The judicial districts established for the States of Maryland, North Carolina, South Carolina, Virginia, and West Virginia and for the District of Columbia. “(5) The judicial districts established for the States of Louisiana and Mississippi. “(6) The Northern District of Texas and the Eastern District of Texas. “(7) The Southern District of Texas and the Western District of Texas. “(8) The judicial districts established for the States of Kentucky and Tennessee. “(9) The judicial districts established for the States of Michigan and Ohio. “(10) The Central District of Illinois and the Southern District of Illinois; and the judicial districts established for the State of Indiana. “(11) The Northern District of Illinois; and the judicial districts established for the State of Wisconsin. “(12) The judicial districts established for the States of Minnesota, Iowa, North Dakota, and South Dakota. “(13) The judicial districts established for the States of Arkansas, Nebraska, and Missouri. “(14) The District of Arizona. “(15) Guam.Northern Mariana Islands. The Southern District of California; and the judicial districts established for the State of Hawaii, and for Guam and the Commonwealth of the Northern Mariana Islands. “(16) The Central District of California. “(17) The Eastern District of California and the Northern District of California; and the judicial district established for the State of Nevada. “(18) The judicial districts established for the States of Alaska, Idaho (exclusive of Yellowstone National Park), Mon-tana (exclusive of Yellowstone National Park), Oregon, and Washington. “(19) The judicial districts established for the States of Colorado, Utah, and Wyoming (including those portions of Yellowstone National Park situated in the States of Montana and Idaho). “(20) The judicial districts established for the States of Kansas, New Mexico, and Oklahoma. “(21) The judicial districts established for the States of Alabama, Puerto Rico. Virgin Islands. Florida, and Georgia and for the Commonwealth of Puerto Rico and the Virgin Islands of the United States.”. (b) Term of Office.— Section 581(b) of title 28, United States Code, is amended— (1) by striking out “seven years” and inserting in lieu thereof “five years”, and (2) by striking out “Office” and inserting in lieu thereof “office”. (c) Removal of United States Trustees.— Section 581(c) of title 28, United States Code, is amended by striking out “for cause”. (d) Removal of Assistant United States Trustees.— Section 582 of title 28, United States Code, is amended— (1) in subsection (a) by striking out “district” and inserting in lieu thereof “region”, and (2) in subsection (b) by striking out “for cause”. SEC. 112. VACANCIES IN OFFICE OF UNITED STATES TRUSTEE. Section 585 of title 28, United States Code, is amended to read as follows: “§ 585. Vacancies “(a) The Attorney General may appoint an acting United States trustee for a region in which the office of the United States trustee is vacant. The individual so appointed may serve until the date on which the vacancy is filled by appointment under section 581 of this title or by designation under subsection (b) of this section. “(b) The Attorney General may designate a United States trustee to serve in not more than two regions for such time as the public interest requires.”. SEC. 113. DUTIES OF UNITED STATES TRUSTEES. (a) Supervision and Administration.— Section 586(a) of title 28, United States Code, is amended— (1) by striking out “his district” and inserting in lieu thereof “the region for which such United States trustee is appointed”, (2) in paragraph (3)— (A) by striking out the semicolon and inserting in lieu thereof “by, whenever the United States trustee considers it to be appropriate—”, and (B) by adding at the end of such paragraph the following: “(A) monitoring applications for compensation and reimbursement filed under section 330 of title 11 and, whenever the United States trustee deems it to be appropriate, filing with the court comments with respect to any of such applications; “(B) monitoring plans and disclosure statements filed in cases under chapter 11 of title 11 and filing with the court, 11 USC 1101 et seq. in connection with hearings under sections 1125 and 1128 of such title, comments with respect to such plans and disclosure statements; “(C) monitoring plans filed under chapters 12 and 13 of Post, p. 3105; 11 USC 1301 et seq. title 11 and filing with the court, in connection with hearings under sections 1224, 1229, 1324, and 1329 of such title, comments with respect to such plans; “(D) taking such action as the United States trustee deems to be appropriate to ensure that all reports, schedules, and fees required to be filed under title 11 and this title by the debtor are properly and timely filed; “(E) monitoring creditors’ committees appointed under title 11; “(F) notifying the appropriate United States attorney of matters which relate to the occurrence of any action which may constitute a crime under the laws of the United States and, on the request of the United States attorney, assisting the United States attorney in carrying out prosecutions based on such action; “(G) monitoring the progress of cases under title 11 and taking such actions as the United States trustee deems to be appropriate to prevent undue delay in such progress; and “(H) monitoring applications filed under section 327 of title 11 and, whenever the United States trustee deems it to be appropriate, filing with the court comments with respect to the approval of such applications;”, and (3) in paragraph (5) by inserting before the semicolon the following: “and this title, and such duties consistent with title 11 and this title as the Attorney General may prescribe”. (b) Qualifications of Trustees.— Section 586(b) of title 28, United States Code, is amended to read as follows: “(b) If the number of cases under chapter 12 or 13 of title 11 commenced in a particular region so warrants, the United States trustee for such region may, subject to the approval of the Attorney General, appoint one or more individuals to serve as standing trustee, or designate one or more assistant United States trustees to serve in cases under such chapter. The United States trustee for such region shall supervise any such individual appointed as standing trustee in the performance of the duties of standing trustee.”. (c) Appointment and Compensation of Trustees.— Subsections (d) and (e) of section 586 of title 28, United States Code, are amended to read as follows: “(d) The Attorney General shall prescribe by rule qualifications for membership on the panels established by United States trustees under paragraph (a)(1) of this section, and qualifications for appointment under subsection (b) of this section to serve as standing trustee in cases under chapter 12 or 13 of title 11. The Attorney General may not require that an individual be an attorney in order to qualify for appointment under subsection (b) of this section to serve as standing trustee in cases under chapter 12 or 13 of title 11. “(e) (1) The Attorney General, after consultation with a United States trustee that has appointed an individual under subsection (b) of this section to serve as standing trustee in cases under chapter 12 or 13 of title 11, shall fix— “(A) a maximum annual compensation for such individual, not to exceed the annual rate of basic pay in effect for step 1 of grade GS–16 of the General Schedule prescribed under section 5332 of title 5; and “(B) a percentage fee not to exceed— “(i) in the case of a debtor who is not a family farmer, ten percent; or “(ii) in the case of a debtor who is a family farmer, the sum of— “(I) not to exceed ten percent of the payments made under the plan of such debtor, with respect to payments in an aggregate amount not to exceed $450,000; and “(II) three percent of payments made under the plan of such debtor, with respect to payments made after the aggregate amount of payments made under the plan exceeds $450,000; based on such maximum annual compensation and the actual, necessary expenses incurred by such individual as standing trustee. “(2) Such individual shall collect such percentage fee from all payments received by such individual under plans in the cases under chapter 12 or 13 of title 11 for which such individual serves as Post, p. 3105; 11 USC 1301 et seq. standing trustee. Such individual shall pay to the United States trustee, and the United States trustee shall deposit in the United States Trustee System Fund— “(A) any amount by which the actual compensation of such individual exceeds 5 per centum upon all payments received under plans in cases under chapter 12 or 13 of title 11 for which such individual serves as standing trustee; and “(B) any amount by which the percentage for all such cases exceeds— “(i) such individual’s actual compensation for such cases, as adjusted under subparagraph (A) of paragraph (1); plus “(ii) the actual, necessary expenses incurred by such individual as standing trustee in such cases. Subject to the approval of the Attorney General, any or all of the interest earned from the deposit of payments under plans by such individual may be utilized to pay actual, necessary expenses without regard to the percentage limitation contained in subparagraph (d)(1)(B) of this section.”. SEC. 114. SALARIES OF UNITED STATES TRUSTEES AND ASSISTANT UNITED STATES TRUSTEES. (a) Fixing of Salaries.— Section 587 of title 28, United States Code, is amended to read as follows: “§ 587. Salaries “Subject to sections 5315 through 5317 of title 5, the Attorney General shall fix the annual salaries of United States trustees and assistant United States trustees at rates of compensation not in excess of the rate of basic compensation provided for Executive Level IV of the Executive Schedule set forth in section 5315 of title 5, United States Code.”. (b) Temporary Suspension of Limitation on Appointments.— During the period beginning on the effective date of this Act and ending on October 1, 1989, the provisions of title 5 of the United States Code governing appointments in the competitive service shall not apply with respect to appointments under section 589 of title 28, United States Code. SEC. 115. UNITED STATES TRUSTEE SYSTEM FUND. (a) Amendment to Title 28 of the United States Code.— Chapter 39 of title 28, United States Code, as added by section 224 of the 28 USC 581. Act of November 6, 1978 (Public Law 95–598; 92 Stat. 2662), is amended by adding at the end thereof the following: “§ 589a. United States Trustee System Fund “(a) There is hereby established in the Treasury of the United States a special fund to be known as the ‘United States Trustee System Fund’ (hereinafter in this section referred to as the ‘Fund’). Monies in the Fund shall be available to the Attorney General without fiscal year limitation in such amounts as may be specified in appropriations Acts for the following purposes in connection with the operations of United States trustees— “(1) salaries and related employee benefits; “(2) travel and transportation; “(3) rental of space; “(4) communication, utilities, and miscellaneous computer charges; “(5) security investigations and audits; “(6) supplies, books, and other materials for legal research; “(7) furniture and equipment; “(8) miscellaneous services, including those obtained by contract; and “(9) printing. “(b) There shall be deposited in the Fund— “(1) one-third of the fees collected under section 1930(a)(1) of this title; “(2) three-fifths of the fees collected under section 1930(a)(3) of this title; “(3) one-half of the fees collected under section 1930(a)(4) of this title; “(4) one-half of the fees collected under section 1930(a)(5); “(5) all of the fees collected under section 1930(a)(6) of this title; “(6) three-fourths of the fees collected under the last sentence of section 1930(a) of this title; and “(7) the compensation of trustees received under section 330(d) of title 11 by the clerks of the bankruptcy courts. “(c) (1) Except as provided in paragraph (2), amounts in the Fund which are not currently needed for the purposes specified in subsection (a) shall be kept on deposit or invested in obligations of, or guaranteed by, the United States. “(2) On November 1, 1989, and on November 1 of each year thereafter, the Secretary of the Treasury shall transfer into the general fund of the Treasury the amount, if any, in the Fund that exceeds 110 percent of— “(A) the amount appropriated for the entire current fiscal year for the purposes specified in subsection (a), or “(B) if no appropriation has been made for the entire current fiscal year, the annual equivalent of the aggregate amount appropriated to date for the current fiscal year for the purposes specified in subsection (a). “(d)Reports. (1) The Attorney General shall transmit to the Congress, not later than 120 days after the end of each fiscal year, a detailed report on the amounts deposited in the Fund and a description of the expenditures made under this section. “(2) If for each fiscal year in any period of 2 successive fiscal years— “(A) the aggregate amount deposited under subsection (b) in the Fund exceeds 110 percent of expenditures for the purposes specified in subsection (a), or “(B) the costs incurred for the purposes specified in subsection (a) exceed the aggregate amount deposited under subsection (b) in the Fund, then the Attorney General shall include in such report a recommendation regarding the manner in which the fees payable under section 1930(a) of title 28, United States Code, may be modified to cause the annual amount deposited in the Fund to more closely approximate the annual amount expended from the Fund. “(e) There are authorized to be appropriated to the Fund for any fiscal year such sums as may be necessary to supplement amounts deposited under subsection (b) for the purposes specified in subsection (a).”. (b) Technical Amendment.— The table of sections for chapter 39 of title 28, United States Code, as added by section 224 of the Act of November 6, 1978 (Public Law 95–598; 92 Stat. 2662), is amended by 28 USC 591 et seq. adding at the end thereof the following new item: “589a. United States Trustee System Fund.”. SEC. 116. PANEL OF TRUSTEES. Subsection (f) of section 604 of title 28, United States Code, as added by the Act of November 6, 1978 (Public Law 95–598; 92 Stat. 2549), is repealed. SEC. 117. FEES. Section 1930(a) of title 28, United States Code, is amended— (1) in paragraph (1) by striking out “$60” and inserting in lieu thereof “ $90”, (2) in paragraph (3) by striking out “$200” and inserting in lieu thereof “$500”, (3) in paragraph (4) by striking out “$500” and inserting in lieu thereof “$1,000”, (4) by inserting after paragraph (4) the following: “(5) For a case commenced under chapter 12 of title 11, $200. Post, p. 3105 “(6) In addition to the filing fee paid to the clerk, a quarterly fee shall be paid to the United States trustee, for deposit in the Treasury, in each case under chapter 11 of title 11 for each 11 USC 1101 et seq. quarter (including any fraction thereof) until a plan is confirmed or the case is converted or dismissed, whichever occurs first. The fee shall be $150 for each quarter in which disbursements total less than $15,000; $300 for each quarter in which disbursements total $15,000 or more but less than $150,000; $750 for each quarter in which disbursements total $150,000 or more but less than $300,000; $2,250 for each quarter in which disbursements total $300,000 or more but less than $3,000,000; $3,000 for each quarter in which disbursements total $3,000,000 or more. The fee shall be payable on the last day of the calendar month following the calendar quarter for which the fee is owed.”, and (5) by adding at the end thereof the following: “For converting, on request of the debtor, a case under chapter 7, or 13 of 11 USC 701 et seq., 1301 et seq., 1101 et seq. title 11, to a case under chapter 11 of title 11, the debtor shall pay to the clerk of the court a fee of $400.”. Subtitle C— Miscellaneous Amendments and Technical Corrections to Title 28 SEC. 141. COURT IN LAWRENCE, KANSAS. Section 96 of title 28, United States Code, is amended by inserting “Lawrence,” after “Kansas City,”. SEC. 142. CUSTODY OF BANKRUPTCY COURT RECORDS AND DOCKETS. Section 156 of title 28, United States Code, as amended by section 103 of this Act, is amended by adding at the end thereof the following: “(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.”. SEC. 143. CONFORMING AMENDMENT. Section 157(b)(2)(B) of title 28, United States Code, is amended by inserting “, 12,” after “chapter 11”. SEC. 144. TECHNICAL CORRECTIONS. (a) Section 156 of title 28, United States Code, as amended by sections 103 and 142 of this Act, is amended by adding at the end thereof the following: “(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.”. (b) (1) Section 157(b)(2)(B) of title 28, United States Code, is amended by striking out “interest” and inserting in lieu thereof “interests”. (2) Section 157(b)(2)(G) of title 28, United States Code, is amended by inserting a comma after “annul”. (c) Section 526 of title 28, United States Code, is amended— (1) in the heading by striking out “trustee” and inserting in lieu thereof “trustees”, (2) in subsection (a)— (A) by striking out “and trustees” and inserting in lieu thereof “, trustees, including trustees in cases under title 11” in paragraph (1), and (B) by striking out “courts of the Canal Zone and the Virgin Islands, probation officers, trustees in cases under title 11,” and inserting in lieu thereof “court of the Virgin Islands, probation officers,” in paragraph (2). (d) Section 584 of title 28, United States Code, is amended by striking out “districts” and inserting in lieu thereof “regions”. (e) Section 1334(d) of title 28, United States Code, is amended by striking out “and of the estate” and inserting in lieu thereof “and of property of the estate”. (f) Section 1930(a) of title 28, United States Code, is amended by striking out “of the court” and inserting in lieu thereof “of the district court or the clerk of the bankruptcy court, if one has been certified pursuant to section 156(b) of this title,”. (g) (1) The heading for chapter 39 of title 28, United States Code, as 28 USC 591 et seq. added by the Ethics in Government Act, is amended by striking out “CHAPTER 39” and inserting in lieu thereof “CHAPTER 40”. 2 USC 701 note. (2) The table of chapters for part II of title 28, United States Code, is amended by striking out the item relating to Independent Counsel and inserting in lieu thereof the following: “40. Independent Counsel (3) Section 49(f) of title 28, United States Code, is amended by striking out “chapter 39” each place it appears and inserting in lieu thereof “chapter 40”.

   Effective date note
   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.

4. 1988

   Judicial Improvements and Access to Justice Act

   Pub. L. 100–702 title X § 1003(a)(3) · 102 Stat. 4642

   Inserted · 28 U.S.C. § 156(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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (3) Sections 156(a), 712, 752, and 794 are each amended by adding at the end thereof the following: “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.”.

3 of 4 references resolved to an enrolled provision · 1 partial