BAPCPA LINKS (TITLE 28 — CONTENTS)

BAPCPA § 601(b)    •    House Report 109-31    •   

BAPCPA § 602(b)    •    House Report 109-31    •   


HISTORICAL AND REVISION NOTES (28 U.S.C. § 124)


Based on title 28, U.S.C., 1940 ed., Sec. 189 (Mar. 3, 1911, ch. 231, Sec. 108, 36 Stat. 1125; May 29, 1912, ch. 144, 37 Stat. 120; Feb. 5, 1913, ch. 28, Sec. 1, 2, 37 Stat. 663; Feb. 26, 1917, ch. 122, 39 Stat. 939; Mar. 1, 1919, ch. 87, 40 Stat. 1270; Mar. 2, 1923, ch. 172, Sec. 1, 2, 42 Stat. 1373; Apr. 3, 1924, ch. 82, 43 Stat. 64; May 29, 1924, ch. 211, Sec. 1, 2, 43 Stat. 244; May 26, 1928, ch. 752, Sec. 1, 45 Stat. 747; June 6, 1930, ch. 408, 46 Stat. 521; June 24, 1930, ch. 596, 46 Stat. 807; Feb. 20, 1932, ch. 51, 47 Stat. 52; July 25, 1939, ch. 356, Sec. 1, 53 Stat. 1082; June 6, 1940, ch. 252, 54 Stat. 241.) 

Words "and all prosecutions against persons for offenses committed in the county of Reagan shall be tried in the court at San Angelo: Provided, That no civil or criminal cause begun and pending prior to May 29, 1924, shall be in any way affected," words "and all prosecutions against persons for offenses committed in the county of Pecos shall be tried in the district court at El Paso, or Pecos City: Provided, That no civil or criminal cause begun and pending prior to March 2, 1923, shall be in any way affected," and words "Provided, That no civil or criminal cause commenced prior to June 24, 1930, shall be in any way affected," were all deleted as superseded by Federal Rules of Criminal Procedure, Rules 18-22, and as obsolete, in view of the lapse of time after the dates included in such provisions. 

Provisions for furnishing rooms and accommodations at Pecos and Wichita Falls were omitted as obsolete, on advice of the Director of the Administrative Office of the United States Courts that Federal accommodations are now available at such places. 

Provisions relating to the maintenance of offices at various cities by the clerks were omitted as covered by sections 452 and 751 of this title. 

Provisions that process against residents of Pecos County shall issue from and be returnable to the court at Pecos City and against residents of Reagan County at San Angelo, were omitted since such matter can be regulated more appropriately by court rule or order. 

(See Rule 4 of Federal Rules of Civil Procedure.) The provisions requiring notice to be given for time of holding court in Pecos division and at Corpus Christi, were omitted as covered by section 141 of this title. 

Five counties included in this section were created since the enactment of section 189 of title 28. These were Kleberg County and Kenedy County of the Corpus Christi division of the southern district, Culberson County and Hudspeth County of the El Paso division of the western district, and Real County of the San Antonio division of the western district. Pecos County is included in the Pecos division and omitted from the El Paso division of the western district to conform to the practice of the court. 

Changes in arrangement and phraseology were made. 

AMENDMENTS

2004 — Act Dec. 10, 2004, in subsec. (c)(5), inserted ", and may be held anywhere within the Federal courthouse in Texarkana that is located astride the State line between Texas and Arkansas". 

2003

Subsec. (c)(3). Pub. L. 108-157, § 1(a), struck out "Denton, and Grayson" and inserted "Delta, Denton, Fannin, Grayson, Hopkins, and Lamar"; and inserted "Plano". 

Subsecs. (c)(4) through (7). Pub. L. 108-157, § 1(a)(2), (3), redesignated former pars. (5) through (7) as pars. (4) through (6), inserted "Red River," after "Franklin," in redesignated par. (5), and struck original par. (4), which read: "(4) The Paris Division comprises the counties of Delta, Fannin, Hopkins, Lamar, and Red River. "Court for the Paris Division shall be held at Paris". 

1984

Subsec. (b). Pub. L. 98-620, Sec. 407(a)(1), substituted "seven" for "six" in provisions preceding par. (1). 

Subsec. (b)(4). Pub. L. 98-620, Sec. 407(a)(2), struck out references to Hidalgo and Starr counties from the counties comprising the Brownsville Division of the Southern District. 

Subsec. (b)(7). Pub. L. 98-620, Sec. 407(a)(3), added par. (7).  

1980

Subsec. (b)(2). Pub. L. 96-462, Sec. 6(a), struck out references to Polk and Trinity counties in list of counties comprising Houston Division of Southern District.  

Subsec. (c). Pub. L. 96-462, Sec. 6(b), in provisions preceding par. (1) substituted "seven" for "six"; in par. (1) struck out references to Angelina, Houston, Nacogdoches, and Shelby counties in list of counties comprising Tyler Division of Eastern District; in par. (2) struck out references to Sabine, San Augustine, and Tyler counties in list of counties comprising Beaumont Division of Eastern District; and added par. (7).  

1967

Subsec. (d). Pub. L. 90-216, Sec. 1(4), enlarged from six to seven the number of divisions comprising Western District. 

Subsec. (d)(3). Pub. L. 90-216, Sec. 1(1), transferred counties of Brewster, Culberson, Hudspeth, and Presidio from El Paso Division to Pecos Division. 

Subsec. (d)(6). Pub. L. 90-216, Sec. 1(2), added counties of Brewster, Culberson, Hudspeth, and Presidio to Pecos Division from El Paso Division, and transferred counties of Andrews, Crane, Ector, Martin, Midland, and Upton from Pecos Division to Midland-Odessa Division. 

Subsec. (d)(7). Pub. L. 90-216, Sec. 1(3), added par. (7), which created Midland-Odessa Division, comprised of counties of Andrews, Crane, Ector, Martin, Midland, and Upton, transferred from Pecos Division. 

1964

Subsec. (b)(1). Pub. L. 88-282, Sec. 1(a), struck out Austin, Fort Bend, and Wharton counties from list comprising Galveston Division. 

Subsec. (b)(2). Pub. L. 88-282, Sec. 1(b), added Austin, Fort Bend, and Wharton counties to list comprising Houston Division. 

Subsec. (c)(4). Pub. L. 88-512, Sec. 1(a), added county of Hopkins to Paris Division. 

Subsec. (c)(5). Pub. L. 88-512, Sec. 1(b), struck out county of Hopkins from Marshall Division. 

1961

Subsec. (c)(5). Pub. L. 87-352 changed the name of Division from Jefferson to Marshall, and provided for holding court at Marshall. 

1957

Subsec. (c)(1). Pub. L. 85-298, Sec. 2, inserted Shelby County in list of counties comprising Tyler Division. 

Subsec. (c)(2). Pub. L. 85-298, Sec. 1, struck out Shelby County from list of counties comprising Beaumont Division. 

1954

Subsec. (d)(4). Act Feb. 10, 1954, Sec. 2(b)(9)(a), struck out Edwards County from list of counties comprising San Antonio Division of Western District. 

Subsec. (d)(5). Act Feb. 10, 1954, Sec. 2(b)(9)(b), inserted Edwards County in list of counties comprising Del Rio Division of Western District. 

EFFECTIVE DATES

1984 Acts. Section 407(b) of Pub. L. 98-620 provided that: "The amendments made by subsection (a) of this section (amending this section) shall apply to any action commenced in the United States District Court for the Southern District of Texas on or after the effective date of this subtitle (Jan. 1, 1985), and shall not affect any action pending in such court on such effective date." Amendment by Pub. L. 98-620 effective Jan. 1, 1985, and not to affect the composition, or preclude the service, of any grand or petit jury summoned, impaneled, or actually serving on that date, see section 411 of Pub. L. 98-620, set out as a note under section 85 of this title. 

1980 Acts. Amendment by Pub. L. 96-462 effective Oct. 1, 1981, but not to affect the composition or preclude the service of any grand or petit juror summoned, empaneled, or actually serving in any judicial district on Oct. 1, 1981, see section 7 of Pub. L. 96-462, set out as a note under section 84 of this title. 


HISTORICAL AND REVISION NOTES (28 U.S.C. § 151)


EFFECTIVE DATES

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 11of 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." 


HISTORICAL AND REVISION NOTES (28 U.S.C. § 152)


Legislative REPORTS

2005 Acts (Pub. L. 109-8). House Report No. 109-31

AMENDMENTS

2005 — Will be supplemented. 

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). ub. 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 DATES

2005 Acts. Pub. L. 109-8, Title XII, § 1223(e), provided that: "The amendments made by this section shall take effect on the date of the enactment of this Act [Apr. 20, 2005]." 

1986 Acts. 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."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 372, 377 of this title; title 5 section 8331. 


BAPCPA & LEGISLATIVE REPORT LINKS (28 U.S.C. §  152)

BAPCPA § 1223(d)(1)    •    House Report 109-31    •    BAPCPA § 1223(e) contains the following uncodified provision:

(e) Effective Date.—The amendments made by this section shall take effect on the date of the enactment of this Act.    •   

BAPCPA § 1223(d)(2)(A)    •    House Report 109-31    •   

BAPCPA § 1223(d)(2)(B)    •    House Report 109-31    •    BAPCPA § 1223(e) contains the following uncodified provision:

(e) Effective Date.—The amendments made by this section shall take effect on the date of the enactment of this Act.    •   


HISTORICAL AND REVISION NOTES (28 U.S.C. § 153)


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 DATES

1987 Acts. 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. 


HISTORICAL AND REVISION NOTES (28 U.S.C. § 155)


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 DATES

1988 Acts. 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. 

1986 Acts. 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." 

SECTION REFERRED TO IN OTHER SECTIONS

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


HISTORICAL AND REVISION NOTES (28 U.S.C. § 156)


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, Sec. 142, 144(a), added subsecs. (e) and (f). 

EFFECTIVE DATES

1986 Acts. 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. 

SECTION REFERRED TO IN OTHER SECTIONS

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


HISTORICAL AND REVISION NOTES 28 U.S.C. § 157)


Legislative REPORTS

2005 Acts (Pub. L. 109-8). House Report No. 109-31.

AMENDMENTS

2005 — Will be supplemented. 

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 DATES

2005 Acts. Pub. L. 109-8, Title XV, § 1501, Apr. 20, 2005, provided that, except as otherwise specifically provided, all amendments, except for amendments provided in Pub. L. 109-8, Title III, §§ 308, 322, and 330, are effective 180 days after enactment of the Act on April 20, 2005 (which occurs on October 17, 2005), and are inapplicable with respect to cases commenced under Title 11 before the effective date. 

1994 Acts. 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

1986 Acts. 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. 

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 158 of this title; title 11 section 524. 


BAPCPA & LEGISLATIVE REPORT LINKS (28 U.S.C. §  157)

BAPCPA § 802(c)(1)(A)    •    House Report 109-31    •   

BAPCPA § 802(c)(1)(B)    •    House Report 109-31    •   

BAPCPA § 802(c)(1)(C)    •    House Report 109-31    •   


HISTORICAL AND REVISION NOTES (28 U.S.C. § 158)


Legislative REPORTS

2005 Acts (Pub. L. 109-8). House Report No. 109-31

AMENDMENTS

2005 — Will be supplemented. 

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 DATES

2005 Acts. Pub. L. 109-8, Title XV, § 1501, Apr. 20, 2005, provided that, except as otherwise specifically provided, all amendments, except for amendments provided in Pub. L. 109-8, Title III, §§ 308, 322, and 330 are effective 180 days after enactment of the Act on April 20, 2005 (which occurs on October 17, 2005), and are inapplicable with respect to cases commenced under Title 11 before the effective date. 

1994 Acts. 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

REFERENCES IN TEXT

The Bankruptcy Rules, referred to in subsec. (c)(2), are set out in the Appendix to Title 11, Bankruptcy. 

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 157, 1334, 1452 of this title; title 11 section 305

 


FOOTNOTES (28 U.S.C. § 158)

So in original. Probably should be followed by a dash.    •   


BAPCPA & LEGISLATIVE REPORT LINKS (28 U.S.C. § 158)

BAPCPA § 1233(a)(1).    •    House Report 109-31    •   

BAPCPA § 1233(a)(2)(A).    •    House Report 109-31    •   

BAPCPA § 1233(a)(2)(B)    •    House Report 109-31    •   

BAPCPA § 1233(b)  contains the following uncodifed provisions:

(b) Procedural Rules.—

(1) Temporary Application.—A provision of this subsection shall apply to appeals under section 158(d)(2) of title 28, United States Code, until a rule of practice and procedure relating to such provision and such appeals is promulgated or amended under chapter 131 of such title. 

(2) Certification.—A district court, a bankruptcy court, or a bankruptcy appellate panel may make a certification under section 158(d)(2) of title 28, United States Code, only with respect to matters pending in the respective bankruptcy court, district court, or bankruptcy appellate panel. 

(3) Procedure.—Subject to any other provision of this subsection, an appeal authorized by the court of appeals under section 158(d)(2)(A) of title 28, United States Code, shall be taken in the manner prescribed in subdivisions (a)(1), (b), (c), and (d) of rule 5 of the Federal Rules of Appellate Procedure. For purposes of subdivision (a)(1) of rule 5— 

(A) a reference in such subdivision to a district court shall be deemed to include a reference to a bankruptcy court and a bankruptcy appellate panel, as appropriate; and 

(B) a reference in such subdivision to the parties requesting permission to appeal to be served with the petition shall be deemed to include a reference to the parties to the judgment, order, or decree from which the appeal is taken. 

(4) Filing of Petition with Attachment.—A petition requesting permission to appeal, that is based on a certification made under subparagraph (A) or (B) of section 158(d)(2) shall— 

(A) be filed with the circuit clerk not later than 10 days after the certification is entered on the docket of the bankruptcy court, the district court, or the bankruptcy appellate panel from which the appeal is taken; and

(B) have attached a copy of such certification. 

(5) References in Rule 5.—For purposes of rule 5 of the Federal Rules of Appellate Procedure— 

(A) a reference in such rule to a district court shall be deemed to include a reference to a bankruptcy court and to a bankruptcy appellate panel; and 

(B) a reference in such rule to a district clerk shall be deemed to include a reference to a clerk of a bankruptcy court and to a clerk of a bankruptcy appellate panel. 

(6) Application of Rules.—The Federal Rules of Appellate Procedure shall apply in the courts of appeals with respect to appeals authorized under section 158(d)(2)(A), to the extent relevant and as if such appeals were taken from final judgments, orders, or decrees of the district courts or bankruptcy appellate panels exercising appellate jurisdiction under subsection (a) or (b) of section 158 of title 28, United States Code. 


HISTORICAL AND REVISION NOTES (11 U.S.C. § 159)


LEGISLATIVE REPORTS

2005 Acts (Pub. L. 109-8). House Report No. 109-31

EFFECTIVE DATES

2005 Acts. Pub. L. 109-8, Title XV, § 601(e), Apr. 20, 2005, provided that "The amendments made by this section shall take effect 18 months after the date of enactment of this Act. 


BAPCPA & LEGISLATIVE REPORT LINKS (28 U.S.C. § 159)

§ 601(a)    •    House Report 109-31    •    § 601(c) contains the following uncodified provision:

(c) Effective Date.—The amendments made by this section shall take effect 18 months after the date of enactment of this Act. 


HISTORICAL AND REVISION NOTES (28 U.S.C. § 455)


Based on title 28, U.S.C., 1940 ed., Sec. 24 (Mar. 3, 1911, ch. 231, Sec. 20, 36 Stat. 1090). 

Section 24 of title 28, U.S.C., 1940 ed., applied only to district judges. The revised section is made applicable to all justices and judges of the United States. 

The phrase "in which he has a substantial interest" was substituted for "concerned in interest in any suit." The provision of section 24 of title 28, U.S.C., 1940 ed., as to giving notice of disqualification to the "senior circuit judge," and words "and thereupon such proceedings shall be had as are provided in sections 17 and 18 of this title," were omitted as unnecessary and covered by section 291 et seq. of this title relating to designation and assignment of judges. Such provision is not made by statute in case of disqualification or incapacity, for other cause. See sections 140, 143, and 144 of this title. If a judge or clerk of court is remiss in failing to notify the chief judge of the district or circuit, the judicial council of the circuit has ample power under section 332 of this title to apply a remedy. 

Relationship to a party's attorney is included in the revised section as a basis of disqualification in conformity with the views of judges cognizant of the grave possibility of undesirable consequences resulting from a less inclusive rule. 

Changes were made in phraseology. 

AMENDMENTS

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

1978 — Pub. L. 95-598 struck out references to referees in bankruptcy in section catchline and in subsecs. (a) and (e)

1974 — Pub. L. 93-512 substituted "Disqualification of justice, judge, magistrate, or referee in bankruptcy" for "Interest of justice or judge" in section catchline, reorganized structure of provisions, and expanded applicability to include magistrates and referees in bankruptcy and grounds for which disqualification may be based, and inserted provisions relating to waiver of disqualification. 

CHANGE OF NAME

Words "magistrate judge" substituted for "magistrate" in section catchline and wherever appearing in subsecs. (a), (e), and (f) pursuant to section 321 of Pub. L. 101-650, set out as a note under section 631 of this title. 

EFFECTIVE DATES

1978 Acts. Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section 402(c) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. For procedures relating to Bankruptcy matters during transition period see note preceding section 151 of this title. 

1974 Acts. Section 3 of Pub. L. 93-512 provided that: "This Act (amending this section) shall not apply to the trial of any proceeding commenced prior to the date of this Act (Dec. 5, 1974), nor to appellate review of any proceeding which was fully submitted to the reviewing court prior to the date of this Act." 

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 460, 653, 655 of this title; title 38 section 7264. 


HISTORICAL AND REVISION NOTES (28 U.S.C. § 581)


CODIFICATION

Section 408(c) of Pub. L. 95-598, as amended, which provided for the repeal of this section and the deletion of any references to United States Trustees in this title at a prospective date, was repealed by section 307(b) of Pub. L. 99-554. See note set out preceding section 581 of this title. 

AMENDMENTS

1986 — Subsec. (a). Pub. L. 99-554, Sec. 111(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: 

"The Attorney General shall appoint one United States trustee for each of the following districts or groups of districts: 

"(1) District of Maine, District of New Hampshire, District of Massachusetts, and District of Rhode Island. 

"(2) Southern District of New York. 

"(3) District of Delaware and District of New Jersey. 

"(4) Eastern District of Virginia and District of District of Columbia.

"(5) Northern District of Alabama. 

"(6) Northern District of Texas.

"(7) Northern District of Illinois. 

"(8) District of Minnesota, District of North Dakota, District of South Dakota.

"(9) Central District of California. 

"(10) District of Colorado and District of Kansas." Subsec. (b). Pub. L. 99-554, Sec. 111(b), substituted "five years" for "seven years" and "office" for "Office".

Subsec. (c). Pub. L. 99-554, Sec. 111(c), struck out "for cause" after "removal".

EFFECTIVE DATES

1986 Acts. Title III of Pub. L. 99-554, as amended by Pub. L. 101-650, title III, Sec. 317(a), (c), Dec. 1, 1990, 104 Stat. 5115, 5116; Pub. L. 103-65, Sec. 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 106-518, title V, Sec. 501, Nov. 13, 2000, 114 Stat. 2421, provided that: 

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

"§ 301. INCUMBENT UNITED STATES TRUSTEES.

"(a) Area for Which Appointed.—Notwithstanding any paragraph of section 581(a) of title 28, United States Code, as in effect before the effective date of this Act, a United States trustee serving in such office on the effective date of this Act shall serve the remaining term of such office as United States trustee for the region specified in a paragraph of such section, as amended by this Act, that includes the site at which the primary official station of the United States trustee is located immediately before the effective date of this Act. 

"(b) Term of OfficeNotwithstanding section 581(b) of title 28, United States Code, as in effect before the effective date of this Act, the term of office of any United States trustee serving in such office on the date of the enactment of this Act (Oct. 27, 1986) shall expire— 

"(1) 2 years after the expiration date of such term of office under such section, as so in effect, or

"(2) 4 years after the date of the enactment of this Act, whichever occurs first. 

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

"§ 302. EFFECTIVE DATES; APPLICATION OF AMENDMENTS.

"(a) General Effective DateExcept as provided in subsections (b), (c), (d), (e), and (f), this Act and the amendments made by this Act (see Short Title of 1986 Amendment note below) shall take effect 30 days after the date of the enactment of this Act (Oct. 27, 1986). 

"(b) Amendments Relating to Bankruptcy Judges and Incumbent United States TrusteesSubtitle A of title I, and sections 301 and 307(a) (amending sections 152 and 156 of this title, enacting provisions set out as notes under section 581 of this title, and amending provisions set out as notes under section 152 of this title and preceding section 581 of this title), shall take effect on the date of the enactment of this Act (Oct. 27, 1986). 

"(c) Amendments Relating to Family Farmers

"(1) The amendments made by subtitle B of title II (Sec. 251 to 257 of Pub. L. 99-554, see Tables for classification) shall not apply with respect to cases commenced under title 11 of the United States Code before the effective date of this Act. 

"(2) Section 1202 of title 11 of the United States Code (as added by the amendment made by section 255 of this Act) shall take effect on the effective date of this Act and before the amendment made by section 227 of this Act (amending section 1202 of this title). 

"(3) Until the amendments made by subtitle A of title II of this Act (Sec. 201 to 231 of Pub. L. 99-554, see Tables for classification) become effective in a district and apply to a case, for purposes of such case— 

"(A)(i) any reference in section 326(b) of title 11 of the United States Code to chapter 13 of title 11 of the United States Code shall be deemed to be a reference to chapter 12 or chapter 13 of title 11 of the United States Code, 

"(ii) any reference in such section 326(b) to section 1302(d) of title 11 of the United States Code shall be deemed to be a reference to section 1302(d) of title 11 of the United States Code or section 586(b) of title 28 of the United States Code, and 

"(iii) any reference in such section 326(b) to section 1302(a) of title 11 of the United States Code shall be deemed to be a reference to section 1202(a) or section 1302(a) of title 11 of the United States Code, and 

"(B)(i) the first two references in section 1202(a) of title 11 of the United States Code (as added by the amendment made by section 255 of this Act) to the United States trustee shall be deemed to be a reference to the court, and 

"(ii) any reference in such section 1202(a) to section 586(b) of title 28 of the United States Code shall be deemed to be a reference to section 1202(c) of title 11 of the United States Code (as so added). 

"(d) Application of Amendments to Judicial Districts

"(1) Certain regions not currently served by united states trustees

"(A) The amendments made by subtitle A of title II of this Act (Sec. 201 to 231 of Pub. L. 99-554, see Tables for classification), and section 1930(a)(6) of title 28 of the United States Code (as added by section 117(4) of this Act), shall not— 

"(i) become effective in or with respect to a judicial district specified in subparagraph (B) until, or

'"(ii) apply to cases while pending in such district before, the expiration of the 270-day period beginning on the effective date of this Act or of the 30-day period beginning on the date the Attorney General certifies under section 303 of this Act the region specified in a paragraph of section 581(a) of title 28, United States Code, as amended by section 111(a) of this Act, that includes such district, whichever occurs first. 

"(B) Subparagraph (A) applies to the following:

"(i) The judicial district established for the Commonwealth of Puerto Rico. 

"(ii) The District of Connecticut.

"(iii) The judicial districts established for the State of New York (other than the Southern District of New York).

"(iv) The District of Vermont. 

"(v) The judicial districts established for the State of Pennsylvania.

"(vi) The judicial district established for the Virgin Islands of the United States.

"(vii) The District of Maryland. 

"(viii) The judicial districts established for the State of North Carolina.

"(ix) The District of South Carolina.

"(x) The judicial districts established for the State of West Virginia. 

"(xi) The Western District of Virginia.

"(xii) The Eastern District of Texas.

"(xiii) The judicial districts established for the State of Wisconsin. 

"(xiv) The judicial districts established for the State of Iowa.

"(xv) The judicial districts established for the State of New Mexico.

"(xvi) The judicial districts established for the State of Oklahoma. 

"(xvii) The District of Utah.

"(xviii) The District of Wyoming (including those portions of Yellowstone National Park situated in the States of Montana and Idaho).

"(xix) The judicial districts established for the State of Alabama. 

"(xx) The judicial districts established for the State of Florida.

"(xxi) The judicial districts established for the State of Georgia.

"(2) Certain remaining judicial districts not currently served by united states trustees.—

"(A) The amendments made by subtitle A of title II of this Act (Sec. 201 to 231 of Pub. L. 99-554, see Tables for classification), and section 1930(a)(6) of title 28 of the United States Code (as added by section 117(4) of this Act), shall not— 

"(i) become effective in or with respect to a judicial district specified in subparagraph (B) until, or

"(ii) apply to cases while pending in such district before, the expiration of the 2-year period beginning on the effective date of this Act or of the 30-day period beginning on the date the Attorney General certifies under section 303 of this Act the region specified in a paragraph of section 581(a) of title 28, United States Code, as amended by section 111(a) of this Act, that includes such district, whichever occurs first. 

"(B) Subparagraph (A) applies to the following: 

"(i) The judicial districts established for the State of Louisiana.

"(ii) The judicial districts established for the State of Mississippi.

"(iii) The Southern District of Texas and the Western District of Texas. 

"(iv) The judicial districts established for the State of Kentucky.

"(v) The judicial districts established for the State of Tennessee.

"(vi) The judicial districts established for the State of Michigan. 

"(vii) The judicial districts established for the State of Ohio.

"(viii) The judicial districts established for the State of Illinois (other than the Northern District of Illinois).

"(ix) The judicial districts established for the State of Indiana. 

"(x) The judicial districts established for the State of Arkansas.

"(xi) The judicial districts established for the State of Nebraska.

"(xii) The judicial districts established for the State of Missouri. 

"(xiii) The District of Arizona.

"(xiv) The District of Hawaii.

"(xv) The judicial district established for Guam. 

"(xvi) The judicial district established for the Commonwealth of the Northern Mariana Islands.

"(xvii) The judicial districts established for the State of California (other than the Central District of California).

"(xviii) The District of Nevada. 

"(xix) The District of Alaska.

"(xx) The District of Idaho.

"(xxi) The District of Montana. 

"(xxii) The District of Oregon.

"(xxiii) The judicial districts established for the State of Washington.

"(3) Judicial districts for the States of Alabama and North Carolina.— 

"(A) Notwithstanding paragraphs (1) and (2), and any other provision of law, the amendments made by subtitle A of title II of this Act (Sec. 201 to 231 of Pub. L. 99-554, see Tables for classification), and section 1930(a)(6) of title 28 of the United States Code (as added by section 117(4) of this Act), shall not— 

"(i) become effective in or with respect to a judicial district specified in subparagraph (E) until, or

"(ii) apply to cases while pending in such district before, such district elects to be included in a bankruptcy region established in section 581(a) of title 28, United States Code, as amended by section 111(a) of this Act, except that the amendment to section 105(a) of title 11, United States Code, shall become effective as of the date of the enactment of the Federal Courts Study Committee Implementation Act of 1990 (Dec. 1, 1990). 

"(B) Any election under subparagraph (A) shall be made upon a majority vote of the chief judge of such district and each bankruptcy judge in such judicial district in favor of such election. 

"(C) Notice that an election has been made under subparagraph (A) shall be given, not later than 10 days after such election, to the Attorney General and the appropriate Federal Circuit Court of Appeals for such district.

"(D) Any election made under subparagraph (A) shall become effective on the date the amendments made by subtitle A of title II of this Act become effective in the region that includes such district or 30 days after the Attorney General receives the notice required under subparagraph (C), whichever occurs later. 

"(E) Subparagraph (A) applies to the following:

"(i) The judicial districts established for the State of Alabama. 

"(ii) The judicial districts established for the State of North Carolina.

"(F)(i) Subject to clause (ii), with respect to cases under chapters 7, 11, 12, and 13 of title 11, United States Code— 

"(I) commenced before the effective date of this Act, and

"(II) pending in a judicial district in the State of Alabama or the State of North Carolina before any election made under subparagraph (A) by such district becomes effective, the amendments made by section 113 (amending section 586 of this title) and subtitle A of title II of this Act, and section 1930(a)(6) of title 28 of the United States Code (as added by section 117(4) of this Act), shall not apply until the expiration of the 1-year period beginning on the date such election becomes effective. 

"(ii) For purposes of clause (i), the amendments made by section 113 and subtitle A of title II of this Act, and section 1930(a)(6) of title 28 of the United States Code (as added by section 117(4) of this Act), shall not apply with respect to a case under chapter 7, 11, 12, or 13 of title 11, United States Code, if— 

"(I) the trustee in the case files the final report and account of administration of the estate, required under section 704 of such title, or

"(II) a plan is confirmed under section 1129, 1225, or 1325 of such title, before the expiration of the 1-year period beginning on the date such election becomes effective. 

"(G) Notwithstanding section 589a of title 28, United States Code, as added by section 115 of this Act, funds collected as a result of the amendments made by section 117 of this Act (amending section 1930 of this title) in a judicial district in the State of Alabama or the State of North Carolina under section 1930(a) of title 28, United States Code, before the date the amendments made by subtitle A of title II of this Act take effect in such district shall be deposited in the general receipts of the Treasury. 

"(H) The repeal made by section 231 of this Act (repealing chapter 15 of title 11) shall not apply in or with respect to the Northern District of Alabama until March 1, 1987, or the effective date of any election made under subparagraph (A) by such district, whichever occurs first.

"(I) In any judicial district in the State of Alabama or the State of North Carolina that has not made the election described in subparagraph (A), any person who is appointed under regulations issued by the Judicial Conference of the United States to administer estates in cases under title 11 of the United States Code may— 

"(i) establish, maintain, and supervise a panel of private trustees that are eligible and available to serve as trustees in cases under title 11, United States Code, and

"(ii) supervise the administration of cases and trustees in cases under chapters 7, 11, 12, and 13 of title 11, United States Code, until the amendments made by subtitle A of title II take effect in such district. 

"(e) Application of United States Trustee System and Quarterly Fees to Certain Cases

"(1) In generalSubject to paragraph (2), with respect to cases under chapters 7, 11, 12, and 13 of title 11, United States Code— 

"(A) commenced before the effective date of this Act, and

"(B) pending in a judicial district referred to in section 581(a) of title 28, United States Code, as amended by section 111(a) of this Act, for which a United States trustee is not authorized before the effective date of this Act to be appointed, the amendments made by section 113 (amending section 586 of this title) and subtitle A of title II of this Act (Sec. 201 to 231 of Pub. L. 99-554, see Tables for classification), and section 1930(a)(6) of title 28 of the United States Code (as added by section 117(4) of this Act), shall not apply until the expiration of the 3-year period beginning on the effective date of this Act, or of the 1-year period beginning on the date the Attorney General certifies under section 303 of this Act the region specified in a paragraph of such section 581(a), as so amended, that includes such district, whichever occurs first. 

"(2) Amendments inapplicableFor purposes of paragraph (1), the amendments made by section 113 and subtitle A of title II of this Act, and section 1930(a)(6) of title 28 of the United States Code (as added by section 117(4) of this Act), shall not apply with respect to a case under chapter 7, 11, 12, or 13 of title 11, United States Code, if— 

"(A) the trustee in the case files the final report and account of administration of the estate, required under section 704 of such title, or 

"(B) a plan is confirmed under section 1129, 1225, or 1325 of such title, before the expiration of the 3-year period, or the expiration of the 1-year period, specified in paragraph (1), whichever occurs first. 

"(3) Rule of construction regarding fees for casesThis Act (see Short Title of 1986 Amendment note below) and the amendments made by section 117(4) of this Act (amending section 1930 of this title) shall not be construed to require the payment of a fee under paragraph (6) of section 1930(a) of title 28, United States Code, in a case under title 11 of the United States Code for any conduct or period occurring before such paragraph becomes effective in the district in which such case is pending. 

"(f) Repeal of Chapter 12 of Title 11Chapter 12 of title 11 of the United States Code is repealed on October 1, 1998. All cases commenced or pending under chapter 12 of title 11, United States Code, and all matters and proceedings in or relating to such cases, shall be conducted and determined under such chapter as if such chapter had not been repealed. The substantive rights of parties in connection with such cases, matters, and proceedings shall continue to be governed under the laws applicable to such cases, matters, and proceedings as if such chapter had not been repealed. 

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

"§ 303. CERTIFICATION OF JUDICIAL DISTRICTS; NOTICE AND PUBLICATION OF CERTIFICATION.

"(a) Certification by Attorney GeneralThe Attorney General may certify in writing a region specified in a paragraph of section 581(a) of title 28, United States Code (other than paragraph (16)), as amended by section 111(a) of this Act, to the appropriate court of appeals of the United States, for the purpose of informing such court that certain amendments made by this Act will become effective in accordance with section 302 of this Act. 

"(b) Notice and Publication of CertificationWhenever the Attorney General transmits a certification under subsection (a), the Attorney General shall simultaneously— 

"(1) transmit a copy of such certification to the Speaker of the House of Representatives and to the President pro tempore of the Senate, and

"(2) publish such certification in the Federal Register. 

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

"§ 304. ADMINISTRATIVE PROVISIONS.

"(a) Cooperative ArrangementsThe Attorney General and the Director of the Administrative Office of the United States Courts may enter into agreements under which United States trustees may— 

"(1) use—

"(A) the services, equipment, personnel, records, reports, and data compilations, in any form, of the courts of the United States, and 

"(B) the facilities of such courts, and

"(2) cooperate in the use by the courts of the United States of— 

"(A) the services, equipment, personnel, records, reports, and data compilations, in any form, of United States trustees, and

"(B) the facilities of such trustees, to prevent duplication during the 2-year period beginning on the effective date of this Act. 

"(b) Information and Documents Relating to Bankruptcy Cases and United States TrusteesThe Director of the Administrative Office of the United States Courts shall make available to United States trustees, at the request of the Attorney General and on a continuing basis, all records, reports, and data compilations relating to— 

"(1) cases and proceedings under title 11 of the United States Code, and

"(2) the duties of United States trustees under titles 11 and 28 of the United States Code. 

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

"§ 305. APPLICATION OF CERTAIN BANKRUPTCY RULES.

"(a) Rules Relating to the United States Trustee SystemIf a United States trustee is not authorized, before the effective date of this Act, to be appointed for a judicial district referred to in section 581(a) of title 28, United States Code, as amended by section 111(a) of this Act, then part X of the Bankruptcy Rules (11 U.S.C. App.) shall not apply to cases in such district until the amendments made by subtitle A of title II of this Act (Sec. 201 to 231 of Pub. L. 99-554, see Tables for classification) become effective under section 302 of this Act in such district. 

"(b) Rules Relating to Chapter 12 of Title 11The rules prescribed under section 2075 of title 28, United States Code, and in effect on the date of the enactment of this Act (Oct. 27, 1986) shall apply to cases filed under chapter 12 of title 11, United States Code, to the extent practicable and not inconsistent with the amendments made by title II of this Act (see Tables for classification). 

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

"§ 306. SALARY OF INCUMBENT UNITED STATES TRUSTEES.

"For service as a United States trustee in the period beginning on the effective date of this Act and ending on the expiration under section 301 of this Act of their respective terms of office, the salary payable to United States trustees serving in such offices on the effective date of this Act shall be fixed in accordance with section 587 of title 28, United States Code, as amended by section 114(a) of this Act. 

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

"§ 307. PRESERVATION OF UNITED STATES TRUSTEE SYSTEM DURING PENDENCY OF LEGISLATION; REPEALER.

"(a) Temporary Delay of Repeal of United States Trustee SystemEffective immediately before November 10, 1986, section 408(c) of the Act of November 6, 1978 (Public Law 95-598; 92 Stat. 2687), is amended by striking out 'November 10, 1986' and inserting in lieu thereof '30 days after the effective date of the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 (Pub. L. 99-554)'. 

"(b) Conforming AmendmentSection 408 of the Act of November 6, 1978 (Public Law 95-598; 92 Stat. 2687), is repealed. 

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

"§ 308. CONSIDERATION OF CURRENT PRIVATE TRUSTEES FOR APPOINTMENT BY UNITED STATES TRUSTEES.

"(a) Trustees in Bankruptcy Cases Under Chapter 7It is the sense of the Congress that individuals who are serving before the effective date of this Act, as trustees in cases under chapter 7 of title 11, United States Code, should be considered by United States trustees for appointment under section 586(a)(1) of title 28, United States Code, to the panels of private trustees that are established as a result of the amendments made by this Act (see Short Title of 1986 Amendment note below). 

"(b) Standing Trustees in Bankruptcy Cases Under Chapter 13It is the sense of the Congress that individuals who are serving before the effective date of this Act, as standing trustees in cases under chapter 13 of title 11, United States Code, should be considered by the United States trustees for appointment under section 586(b) of title 28, United States Code, as standing trustees who are appointed as a result of the amendments made by this Act (see Short Title of 1986 Amendment note below). 

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

"§ 309. APPOINTMENT OF UNITED STATES TRUSTEES BY THE ATTORNEY GENERAL.

"It is the sense of the Congress that individuals otherwise qualified who are serving, before the effective date of this Act, as estate administrators under title 11 of the United States Code should be considered by the Attorney General for appointment under sections 581 and 582 of title 28, United States Code, to new positions of United States trustee and assistant United States trustee resulting from the amendments made by this Act (see Short Title of 1986 Amendment note below). 

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

"§ 310. ELECTRONIC CASE MANAGEMENT DEMONSTRATION PROJECT.

"(a) Establishment of ProjectNot later than 1 year after the effective date of this Act, the Director of the Executive Office for United States Trustees, in consultation with the Director of the Administrative Office of the United States Courts, shall establish an electronic case management demonstration project to be carried out in 3 Federal judicial districts that have a sufficiently large and varied bankruptcy caseload so as to provide a meaningful evaluation of the cost and effectiveness of such system. A contract for such project shall be awarded— 

"(1) on the basis of competitive bids submitted by qualified nongovernmental entities that are able to design an automated joint information system for use by the United States courts and by United States trustees, and 

"(2) in accordance with the Federal Property and Administrative Services Act of 1949 (see Short Title note under 40 U.S.C. 471), the Office of Federal Procurement Policy Act (see Short Title note under 41 U.S.C. 401), and title 31 of the United States Code. 

"(b) Study by General Accounting OfficeNot later than 1 year after the electronic case management system begins to operate in all of the judicial districts participating in the demonstration project carried out under subsection (a), the General Accounting Office shall conduct a study to compare the cost and effectiveness of such system with the cost and effectiveness of case management systems used in Federal judicial districts that are not participating in such project. 

"(c) Term of ProjectThe demonstration project required by subsection (a) shall be carried out until— 

"(1) the expiration of the 2-year period beginning on the date the electronic case management system begins to operate in all of the judicial districts participating in such project, or 

"(2) legislation is enacted to extend, expand, modify, or terminate the operation of such project, whichever occurs first. 

"(d) Use by Clerks of the CourtsThe electronic case management system demonstrated under the project required by subsection (a) shall provide the clerk of court in each district in which such system is operated, with a means of— 

"(1) maintaining a complete electronic case file of all relevant information contained in petitions and schedules (and any amendments thereto) relating to debtors in cases under title 11 of the United States Code, including— 

"(A) a complete list of creditors in each such case, as listed by the debtor,

"(B) a complete list of assets scheduled by the debtor, the value of such asset, and any action taken by the trustee or debtor in possession with regard to such asset during the pendency of such case, 

"(C) a complete list of debts and, with respect to each debt -

"(i) any priority of such debt under title 11 of the United States Code, 

"(ii) whether such debt is secured or unsecured, and

"(iii) whether such debt is contingent or noncontingent, and

"(D) the debtor's statements of current expenses and income, and 

"(2) maintaining all calendars and dockets and producing all notices required to be sent in cases under title 11 of the United States Code. 

"(e) Use by United States TrusteesThe electronic case management system demonstrated under the project required by subsection (a) shall provide, at a minimum, the United States trustee in each district in which such system is operated with— 

"(1) complete electronic case files which contain, in addition to the information listed in subsection (d), records of case openings, case closings, hearings, and the filing of all motions, trustee appointments, pleadings, and responses, as well as a record of the responses by the United States trustee to those motions, trustee appointments, and pleadings, 

"(2) a means to generate standardized forms for motions, appointments, pleadings, and responses,

"(3) a means to generate standard management reports and letters on an exception basis, 

"(4) a means to maintain accounting records, reports, and information required to be maintained by debtors in possession and trustees in cases under title 11 of the United States Code,

"(5) a means to calculate and record distribution to creditors, final applications and orders for distribution, and final case closing reports, and 

"(6) a means to monitor the payment of filing and other required fees.

"(f) Availability to Certain Governmental Entities.—Unlimited access to information maintained in the electronic case management system demonstrated under the project required by subsection (a) shall be provided at no charge to the following: 

"(1) The Congress.

"(2) The Executive Office for the United States Trustees. 

"(3) The Administrative Office of the United States Courts.

"(4) The clerks of the courts in judicial districts in which such system is operated and persons who review case information in accordance with section 107(a) of title 11, United States Code, in the offices of the clerks. 

"(5) The judges on the bankruptcy and district courts in districts in which such system is operated.

"(6) Trustees in cases pending in districts in which such system is operated. 

"(g) Fees for Other Users

"(1) The entity which is awarded a contract to provide the electronic case management system demonstrated under this project may, under guidelines established by the Director of the Executive Office for the United States Trustees in the provisions of such contract, collect reasonable fees from assets of the estate of the debtor in bankruptcy for providing notices and services to the court and trustees under the demonstration project. 

"(2) Access to information maintained in electronic case files pursuant to the demonstration project may be provided to persons other than those specified in subsection (f), but such access shall be limited to viewing such information only. A reasonable charge for such access may be collected by the entity which is awarded a contract under this section, in accordance with the guidelines established by the Director of the Executive Office for the United States Trustees in such contract. A reasonable portion of any charge so collected may be required by the Director to be remitted to the Executive Office for United States Trustees and deposited in the United States Trustee System Fund established in section 589a of title 28, United States Code. 

"(h) SecurityAccess provided under subsection (f) to an entity or an individual shall be subject to such security limitations as may be imposed by the Congress or the head of the affected entity.

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

"§ 311. CASES PENDING UNDER THE BANKRUPTCY ACT.

"At the end of one calendar year following the date the amendments made by subtitle A of title II of this Act (Sec. 201 to 231 of Pub. L. 99-554, see Tables for classification) take effect in a district in which any case is still pending under the Bankruptcy Act (see 11 U.S.C. notes prec. 101), the district court shall withdraw the reference of any such case and, after notice and a hearing, determine the status of the case. Such case shall be remanded to the bankruptcy judge with such instructions as are necessary for the prompt closing of the case and with a requirement that a progress report on the case be provided by the bankruptcy judge after such interval as the district court deems appropriate." 

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

1978 Acts. Chapter effective Oct. 1, 1979, see section 402(c) of Pub. L. 95-598, set out as a note preceding section 101 of Title 11: Bankruptcy. 

SHORT TITLE OF 1986 AMENDMENT

Section 1 of Pub. L. 99-554 provided: "That this Act (enacting section 589a of this title and section 307 and chapter 12 of Title 11, Bankruptcy, amending this section, sections 49, 96, 152, 156, 157, 526, 582, 584 to 587, 604, 1334, and 1930 of this title, sections 101 to 103, 105, 108, 109, 303, 321, 322, 324, 326, 327, 329, 330, 341, 343, 345 to 348, 362 to 365, 502, 503, 521 to 524, 546 to 549, 554, 557, 701, 703 to 707, 724, 726 to 728, 743, 1102, 1104 to 1106, 1112, 1121, 1129, 1163, 1202, 1302, 1306, 1307, and 1324 to 1326 of Title 11, Bankruptcy Form No. 1, set out in the Appendix to Title 11, repealing chapters 11 and 12 of Title 11, enacting provisions set out as notes under this section and section 589 of this title, amending provisions set out as notes preceding this section and under section 152 of this title, and repealing provisions set out as a note preceding this section) may be cited as the "Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986'." 

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 585, 1930 of this title. 


HISTORICAL AND REVISION NOTES (28 U.S.C. § 582)


CODIFICATION

Section 408(c) of Pub. L. 95-598, as amended, which provided for the repeal of this section and the deletion of any references to United States Trustees in this title at a prospective date, was repealed by section 307(b) of Pub. L. 99-554. See note set out preceding section 581 of this title. 

AMENDMENTS

1986

Subsec. (a). Pub. L. 99-554, Sec. 111(d)(1), substituted "region" for "district". 

Subsec. (b). Pub. L. 99-554, Sec. 111(d)(2), struck out "for cause" after "removal". 

EFFECTIVE DATES

1986 Acts. 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. 

APPOINTMENT OF UNITED STATES TRUSTEES BY ATTORNEY GENERAL

For sense of Congress concerning consideration of estate administrators under title 11 by the Attorney General for appointment under this section as U.S. trustee and assistant U.S. trustee, see section 309 of Pub. L. 99-554, set out as a note under section 581 of this title. 


HISTORICAL AND REVISION NOTES (28 U.S.C. § 583)


CODIFICATION

Section 408(c) of Pub. L. 95-598, as amended, which provided for the repeal of this section and the deletion of any references to United States Trustees in this title at a prospective date, was repealed by section 307(b) of Pub. L. 99-554. See note set out preceding section 581 of this title. 


HISTORICAL AND REVISION NOTES (28 U.S.C. § 584)


CODIFICATION

Section 408(c) of Pub. L. 95-598, as amended, which provided for the repeal of this section and the deletion of any references to United States Trustees in this title at a prospective date, was repealed by section 307(b) of Pub. L. 99-554. See note set out preceding section 581 of this title. 

AMENDMENTS

1986 — Pub. L. 99-554 substituted "regions" for "districts". 

EFFECTIVE DATES

1986 Acts. 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. 


HISTORICAL AND REVISION NOTES (28 U.S.C. § 585)


CODIFICATION

Section 408(c) of Pub. L. 95-598, as amended, which provided for the repeal of this section and the deletion of any references to United States Trustees in this title at a prospective date, was repealed by section 307(b) of Pub. L. 99-554. See note set out preceding section 581 of this title. 

AMENDMENTS

1986 — Pub. L. 99-554 amended section generally. Prior to amendment, section read as follows: "The Attorney General may appoint an acting United States trustee for a district in which the office of United States trustee is vacant, or may designate a United States trustee for another judicial district to serve as trustee for the district in which such vacancy exists. The individual so appointed or designated may serve until the earlier of 90 days after such appointment or designation, as the case may be, or the date on which the vacancy is filled by appointment under section 581 of this title." 

EFFECTIVE DATES

1986 Acts. 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. 


HISTORICAL AND REVISION NOTES (28 U.S.C. § 586)


Legislative REPORTS

2005 Acts (Pub. L. 109-8). House Report No. 109-31

AMENDMENTS

2005 — Will be supplemented. 

1994 — Subsec. (a)(3). Pub. L. 103-394 inserted "12," after "11," in introductory provisions and amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "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;" 

1990 — Subsec. (e)(1)(A). Pub. L. 101-509 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "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" 

1986

Subsec. (a). Pub. L. 99-554, Sec. 113(a)(1), substituted "the region for which such United States trustee is appointed" for "his district" in introductory text. 

Subsec. (a)(3). Pub. L. 99-554, Sec. 113(a)(2), substituted "title 11 by, whenever the United States trustee considers it to be appropriate—" for "title 11;" and added subpars. (A) to (H)

Subsec. (a)(5). Pub. L. 99-554, Sec. 113(a)(3), inserted "and this title, and such duties consistent with title 11 and this title as the Attorney General may prescribe" after "title 11". 

Subsec. (b). Pub. L. 99-554, Sec. 113(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "If the number of cases under chapter 13 of title 11 commenced in a particular judicial district so warrant, the United States trustee for such district 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 trustee, in cases under such chapter. The United States trustee for such district shall supervise any such individual appointed as standing trustee in the performance of the duties of standing trustee." 

Subsec. (d). Pub. L. 99-554, Sec. 113(c), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: "The Attorney General shall prescribe by rule qualifications for membership on the panels established by United States trustees under subsection (a)(1) of this section, and qualifications for appointment under subsection (b) of this section to serve as standing trustee in cases under chapter 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 13 of title 11." 

Subsec. (e). Pub. L. 99-554, Sec. 113(c), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: 

"(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 13 of title 11, shall fix—

"(A) a maximum annual compensation for such individual, not to exceed the lowest annual rate of basic pay in effect for grade GS-16 of the General Schedule prescribed under section 5332 of title 5; and 

"(B) a percentage fee, not to exceed ten percent, 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 under plans in the cases under chapter 13 of title 11 for which such individual serves as standing trustee. Such individual shall pay to the United States trustee, and the United States trustee shall pay to the Treasury— 

"(A) any amount by which the actual compensation of such individual exceeds five percent upon all payments under plans in cases under chapter 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 actual compensation for such cases, as adjusted under subparagraph (A) of this paragraph; plus 

"(ii) the actual, necessary expenses incurred by such individual as standing trustee in such cases."

EFFECTIVE DATES

2005 Acts. Pub. L. 109-8, Title XV, § 1501, Apr. 20, 2005, provided that, except as otherwise specifically provided, all amendments, except for amendments provided in Pub. L. 109-8, Title III, §§ 308, 322, and 330, are effective 180 days after enactment of the Act on April 20, 2005 (which occurs on October 17, 2005), and are inapplicable with respect to cases commenced under Title 11 before the effective date. 

1994 Acts. 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

1990 Acts. Amendment by Pub. L. 101-509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 (title III, Sec. 305) of Pub. L. 101-509, set out as a note under section 5301 of Title 5, Government Organization and Employees. 

1986 Acts. Effective date and applicability of amendment by Pub. L. 99-554 dependent upon the judicial district involved, see section 302(d), (e) of Pub. L. 99-554, set out as a note under section 581 of this title. 

REFERENCES IN TEXT

Level V of the Executive Schedule, referred to in subsec. (e)(1)(A)(i), is set out in section 5316 of Title 5, Government Organization and Employees. 

CODIFICATION

Section 408(c) of Pub. L. 95-598, as amended, which provided for the repeal of this section and the deletion of any references to United States Trustees in this title at a prospective date, was repealed by section 307(b) of Pub. L. 99-554. See note set out preceding section 581 of this title. 

APPLICATION TO ALL STANDING TRUSTEES

Section 529 (title I, Sec. 110(b)) of Pub. L. 101-509 provided that: "The amendment made by subsection (a) (amending this section) shall apply to any trustee to whom the provisions of section 302(d)(3) of the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 (Public Law 99-54 (Pub. L. 99-554); 100 Stat. 3121) (set out in an Effective Date of 1986 Amendment note under section 581 of this title) apply." 

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 11 sections 326, 589a, 701, 703, 1202, 1302, 1326


FOOTNOTES (28 U.S.C. § 586)

So in original.  The period should probably be a semicolon.    •   

[SIC] There is no BC § 586(d)(1)(B).  The probable intent is a reference to the percentage limitation in BC § 586(e)(1)(B).    •   


BAPCPA & LEGISLATIVE REPORT LINKS (28 U.S.C. § 586)

BAPCPA § 439(1)(A)    •    House Report 109-31    •   

BAPCPA § 439(1)(B)    •    House Report 109-31    •   

BAPCPA § 439(1)(C)    •    House Report 109-31    •   

BAPCPA § 439(2)    •    House Report 109-31    •   

BAPCPA § 439(3) (struck the "." and added the ";" at the end); BAPCPA § 603(b)(1) (added the redlined language)    •    House Report 109-31 (§ 439)    •    House Report 109-31 (§ 603)    •   

BAPCPA § 439(4)    •    House Report 109-31   •     -  586(a)(7)  -  586(a)(8)

BAPCPA § 603(b)(2)    •    House Report 109-31    •   

BAPCPA § 802(c)(3)    •    House Report 109-31    •   

BAPCPA § 1231(a)(1)    •    House Report 109-31    •   

BAPCPA § 1231(a)(2)    •    House Report 109-31    •   

BAPCPA § 1231(b)    •    House Report 109-31    •      -  586(e)(3)  -  586(e)(4)


HISTORICAL AND REVISION NOTES (28 U.S.C. § 587)


CODIFICATION

Section 408(c) of Pub. L. 95-598, as amended, which provided for the repeal of this section and the deletion of any references to United States Trustees in this title at a prospective date, was repealed by section 307(b) of Pub. L. 99-554. See note set out preceding section 581 of this title. 

AMENDMENTS

1986 — Pub. L. 99-554 amended section generally. Prior to amendment, section read as follows: "The Attorney General shall fix the annual salaries of United States trustees and assistant United States trustees at rates of compensation not to exceed the lowest annual rate of basic pay in effect for grade GS-16 of the General Schedule prescribed under section 5332 of title 5." 

EFFECTIVE DATES

1986 Acts. 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. 


HISTORICAL AND REVISION NOTES (28 U.S.C. § 588)


CODIFICATION

Section 408(c) of Pub. L. 95-598, as amended, which provided for the repeal of this section and the deletion of any references to United States Trustees in this title at a prospective date, was repealed by section 307(b) of Pub. L. 99-554. See note set out preceding section 581 of this title. 


HISTORICAL AND REVISION NOTES (28 U.S.C. § 589)


Legislative REPORTS

2005 Acts (Pub. L. 109-8). House Report No. 109-31

EFFECTIVE DATES

2005 Acts. Pub. L. 109-8, Title XV, § 1501, Apr. 20, 2005, provided that, except as otherwise specifically provided, all amendments, except for amendments provided in Pub. L. 109-8, Title III, §§ 308, 322, and 330, are effective 180 days after enactment of the Act on April 20, 2005 (which occurs on October 17, 2005), and are inapplicable with respect to cases commenced under Title 11 before the effective date. 

CODIFICATION

Section 408(c) of Pub. L. 95-598, as amended, which provided for the repeal of this section and the deletion of any references to United States Trustees in this title at a prospective date, was repealed by section 307(b) of Pub. L. 99-554. See note set out preceding section 581 of this title. 

TEMPORARY SUSPENSION OF LIMITATION ON APPOINTMENTS

Pub. L. 99-554, title I, Sec. 114(b), Oct. 27, 1986, 100 Stat. 3093, provided that: "During the period beginning on the effective date of this Act (see section 302 of Pub. L. 99-554, set out as an Effective Date note under section 581 of this title) 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." 


HISTORICAL AND REVISION NOTES (28 U.S.C. § 589a)


CODIFICATION

Amendment by Pub. L. 104-91 is based on section 111(b) and (c) of H.R. 2076, One Hundred Fourth Congress, as passed by the House of Representatives on Dec. 6, 1995, which was enacted into law by Pub. L. 104-91. 

AMENDMENTS

1999

Subsec. (b)(1). Pub. L. 106-113, Sec. 1000(a)(1) (title I, Sec. 113), substituted "27.42 percent" for "23.08 percent". 

Subsec. (b)(9). Pub. L. 106-113, Sec. 1000(a)(1) (title I), added par. (9)

1996

Pub. L. 104-208 reenacted section catchline without change and amended text generally, revising and restating as subsecs. (a) to (e) provisions of former subsecs. (a) to (f). 

Subsec. (b)(5). Pub. L. 104-91, as amended by Pub. L. 104-99, inserted "until a reorganization plan is confirmed" before semicolon. 

Subsec. (f)(2). Pub. L. 104-91, as amended by Pub. L. 104-99, substituted "until a reorganization plan is confirmed;" for period at end. 

Subsec. (f)(3). Pub. L. 104-91, as amended by Pub. L. 104-99, added par. (3). 

1993

Subsec. (b)(1). Pub. L. 103-121, Sec. 111(a)(2), substituted "23.08 per centum" for "one-fourth". 

Subsec. (b)(2). Pub. L. 103-121, Sec. 111(b)(2), substituted "37.5 per centum" for "50 per centum". 

Subsec. (f)(1). Pub. L. 103-121, Sec. 111(b)(3), substituted "12.5 per centum" for "16.7 per centum". 

1991

Subsec. (b)(2). Pub. L. 102-140, Sec. 111(b)(1), substituted "50 per centum" for "three-fifths". 

Subsec. (b)(5). Pub. L. 102-140, Sec. 111(b)(2), substituted "60 per centum" for "all". 

Subsec. (f). Pub. L. 102-140, Sec. 111(c), added subsec. (f). 

1989 — Subsec. (b)(1). Pub. L. 101-162 substituted "one-fourth" for "one-third". 

EFFECTIVE DATES

1999 Acts. Pub. L. 106-113, div. B, Sec. 1000(a)(1) (title I, Sec. 113), Nov. 29, 1999, 113 Stat. 1535, 1501A-20, provided that the amendment made by section 1000(a)(1) (title I, Sec. 113) is effective 30 days after Nov. 29, 1999. 

1996 Acts. Section 101(a) (title I, Sec. 109(c)) of Pub. L. 104-208 provided that: "Notwithstanding any other provision of law or of this Act, the amendments to 28 U.S.C. 589a made by subsection (b) of this section shall take effect upon enactment of this Act (Sept. 30, 1996)." 

1993 Acts.

Section 111(a) of Pub. L. 103-121 provided in part that the amendment made by that section is effective 30 days after Oct. 27, 1993. 

Section 111(b) of Pub. L. 103-121 provided in part that the amendment made by that section is effective 30 days after Oct. 27, 1993.

1991 Acts. Section 111 of Pub. L. 102-140 provided that the amendment made by that section is effective 60 days after Oct. 28, 1991. 

1986 Acts. Section 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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 11 section 330


BAPCPA & LEGISLATIVE REPORT LINKS (28 U.S.C. § 589a)

BAPCPA § 325(b)(1)    •    House Report 109-31    •   

BAPCPA § 325(b)(2)    •    House Report 109-31    •   

BAPCPA § 325(b)(3)    •    House Report 109-31    •   


HISTORICAL AND REVISION NOTES (28 U.S.C. § 589b)


LEGISLATIVE REPORTS

2005 Acts (Pub. L. 109-8). House Report No. 109-31

EFFECTIVE DATES

2005 Acts. Pub. L. 109-8, Title XV, § 1501, Apr. 20, 2005, provided that, except as otherwise specifically provided, all amendments, except for amendments provided in Pub. L. 109-8, Title III, §§ 308, 322, and 330, are effective 180 days after enactment of the Act on April 20, 2005 (which occurs on October 17, 2005), and are inapplicable with respect to cases commenced under Title 11 before the effective date. 


BAPCPA & LEGISLATIVE REPORT LINKS (28 U.S.C. § 589b)

BAPCPA § 602(a)    •    House Report 109-31    •   


HISTORICAL AND REVISION NOTES (28 U.S.C. § 959)


Based on title 28, U.S.C., 1940 ed., Sec. 124, 125 (Mar. 3, 1911, ch. 231, Sec. 65, 66, 36 Stat. 1104). 

Section consolidates part of section 124 of title 28, U.S.C., 1940 ed., with section 125 of the same title. The criminal penalty for violation of said section 124 is incorporated in section 1911 of Title 18, Crimes and Criminal Procedure.

Section was extended and made applicable to trustees and debtors in possession. The provision at the end of subsection (a) for preserving the right to a jury trial was added to clarify the intent of section 125 of title 28, U.S.C., 1940 ed., as construed in Vany v. Receiver of Toledo, St. L. and K.C. R.R. Co., C.C. 1895, 67 F. 379. 

Changes in phraseology were made. 

AMENDMENTS

1978 — Subsec. (b). Pub. L. 95-598 substituted "Except as provided in section 1166 of title 11, a trustee" for "A trustee". 

EFFECTIVE DATES

1978 Acts. Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section 402(c) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. 

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 754 of this title. 


HISTORICAL AND REVISION NOTES (28 U.S.C. § 960)


Based on title 28, U.S.C., 1940 ed., Sec. 124a (June 18, 1934, ch. 585, 48 Stat. 993). 

A proviso in section 124a of title 28, U.S.C., 1940 ed., relating to taxes accruing prior to the effective date of the 1934 act, was omitted as obsolete.

References in section 124a of title 28, U.S.C., 1940 ed., to specific officers was omitted as covered by the words "Any officers." 

Word "Federal" was added before "State" in recognition of the liability of such officers for Federal taxes under the revenue laws.

Changes in phraseology were made. 

LEGISLATIVE REPORTS

2005 Acts (Pub. L. 109-8). House Report No. 109-31

AMENDMENTS

2005 — Will be supplemented. 

EFFECTIVE DATES

2005 Acts. Pub. L. 109-8, Title XV, § 1501, Apr. 20, 2005, provided that, except as otherwise specifically provided, all amendments, except for amendments provided in Pub. L. 109-8, Title III, §§ 308, 322, and 330, are effective 180 days after enactment of the Act on April 20, 2005 (which occurs on October 17, 2005), and are inapplicable with respect to cases commenced under Title 11 before the effective date. 


BAPCPA & LEGISLATIVE REPORT LINKS ( 28 U.S.C. § 960)

BAPCPA § 712(a)(1)    •    House Report 109-31    •   

BAPCPA § 712(a)(2)    •    House Report 109-31    •   


HISTORICAL AND REVISION NOTES (28 U.S.C. § 1291)


Based on title 28, U.S.C., 1940 ed., Sec. 225(a), 933(a)(1), and section 1356 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions, and sections 61 and 62 of title 7 of the Canal Zone Code (Mar. 3, 1911, ch. 231, Sec. 128, 36 Stat. 1133; Aug. 24, 1912, ch. 390, Sec. 9, 37 Stat. 566; Jan. 28, 1915, ch. 22, Sec. 2, 38 Stat. 804; Feb. 7, 1925, ch. 150, 43 Stat. 813; Sept. 21, 1922, ch. 370, Sec. 3, 42 Stat. 1006; Feb. 13, 1925, ch. 229, Sec. 1, 43 Stat. 936; Jan. 31, 1928, ch. 14, Sec. 1, 45 Stat. 54; May 17, 1932, ch. 190, 47 Stat. 158; Feb. 16, 1933, ch. 91, Sec. 3, 47 Stat. 817; May 31, 1935, ch. 160, 49 Stat. 313; June 20, 1938, ch. 526, 52 Stat. 779; Aug. 2, 1946, ch. 753, Sec. 412(a)(1), 60 Stat. 844). 

This section rephrases and simplifies paragraphs "First", "Second", and "Third" of section 225(a) of title 28, U.S.C., 1940 ed., which referred to each Territory and Possession separately, and to sections 61 and 62 of the Canal Zone Code, section 933(a)(1) of said title relating to jurisdiction of appeals in tort claims cases, and the provisions of section 1356 of title 48, U.S.C., 1940 ed., relating to jurisdiction of appeals from final judgments of the district court for the Canal Zone. 

The district courts for the districts of Hawaii and Puerto Rico are embraced in the term "district courts of the United States." (See definitive section 451 of this title.) 

Paragraph "Fourth" of section 225(a) of title 28, U.S.C., 1940 ed., is incorporated in section 1293 of this title.

Words "Fifth. In the United States Court for China, in all cases" in said section 225(a) were omitted. (See reviser's note under section 411 of this title.) 

Venue provisions of section 1356 of title 48, U.S.C., 1940 ed., are incorporated in section 1295 of this title.

Section 61 of title 7 of the Canal Zone Code is also incorporated in sections 1291 and 1295 of this title. 

In addition to the jurisdiction conferred by this chapter, the courts of appeals also have appellate jurisdiction in proceedings under Title 11, Bankruptcy, and jurisdiction to review:

(1) Orders of the Secretary of the Treasury denying an application for, suspending, revoking, or annulling a basic permit under chapter 8 of title 27; 

(2) Orders of the Interstate Commerce Commission, the Federal Communications Commission, the Civil Aeronautics Board, the Board of Governors of the Federal Reserve System and the Federal Trade Commission, based on violations of the antitrust laws or unfair or deceptive acts, methods, or practices in commerce; 

(3) Orders of the Secretary of the Army under sections 504, 505 and 516 of title 33, U.S.C., 1940 ed., Navigation and Navigable Waters;

(4) Orders of the Civil Aeronautics Board under chapter 9 of title 49, except orders as to foreign air carriers which are subject to the President's approval; 

(5) Orders under chapter 1 of title 7, refusing to designate boards of trade as contract markets or suspending or revoking such designations, or excluding persons from trading in contract markets;

(6) Orders of the Federal Power Commission under chapter 12 of title 16; 

(7) Orders of the Federal Security Administrator under section 371(e) of title 21, in a case of actual controversy as to the validity of any such order, by any person adversely affected thereby;

(8) Orders of the Federal Power Commission under chapter 15B of title 15;

(9) Final orders of the National Labor Relations Board; 

(10) Cease and desist orders under section 193 of title 7;

(11) Orders of the Securities and Exchange Commission; 

(12) Orders to cease and desist from violating section 1599 of title 7;

(13) Wage orders of the Administrator of the Wage and Hour Division of the Department of Labor under section 208 of title 29; 

(14) Orders under sections 81r and 1641 of title 19, U.S.C., 1940 ed., Customs Duties

The courts of appeals also have jurisdiction to enforce: 

(1) Orders of the Interstate Commerce Commission, the Federal Communications Commission, the Civil Aeronautics Board, the Board of Governors of the Federal Reserve System, and the Federal Trade Commission, based on violations of the antitrust laws or unfair or deceptive acts, methods, or practices in commerce; 

(2) Final orders of the National Labor Relations Board;

(3) Orders to cease and desist from violating section 1599 of title 7 

The Court of Appeals for the District of Columbia also has jurisdiction to review orders of the Post Office Department under section 576 of title 39 relating to discriminations in sending second-class publications by freight; Maritime Commission orders denying transfer to foreign registry of vessels under subsidy contract; sugar allotment orders; decisions of the Federal Communications Commission granting or refusing applications for construction permits for radio stations, or for radio station licenses, or for renewal or modification of radio station licenses, or suspending any radio operator's license. 

Changes were made in phraseology.

AMENDMENTS

1982 — Pub. L. 97-164, Sec. 124, inserted "(other than the United States Court of Appeals for the Federal Circuit)" after "The court of appeals" and inserted provision that the jurisdiction of the United States Court of Appeals for the Federal Circuit shall be limited to the jurisdiction described in sections 1292(c) and (d) and 1295 of this title. 

1958 — Pub. L. 85-508 struck out provisions which gave courts of appeals jurisdiction of appeals from District Court for Territory of Alaska. See section 81A of this title which establishes a United States District Court for the State of Alaska.

1951 — Act Oct. 31, 1951, inserted reference to District Court of Guam. 

EFFECTIVE DATES

1982 Acts. Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402 of Pub. L. 97-164, set out as a note under section 171 of this title 

1958 Acts. Amendment by Pub. L. 85-508 effective Jan. 3, 1959, on admission of Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c.16 as required by sections 1 and 8(c) of Pub. L. 85-508, see notes set out under section 81A of this title and preceding section 21 of Title 48, Territories and Insular Possessions. 

TERMINATION OF UNITED STATES

 DISTRICT COURT FOR THE DISTRICT OF THE CANAL ZONE

For termination of the United States District Court for the District of the Canal Zone at end of the "transition period", being the 30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96-70, title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign Relations and Intercourse. 

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1295, 1334, 1452, 2072 of this title; title 11 section 305; title 15 sections 29, 57b-1, 78aa, 79y, 80a-43, 80b-14, 1314, 1719; title 16 sections 825p, 1456; title 18 section 3145; title 31 section 3733; title 39 section 3016; title 42 section 2000e-5; title 45 sections 153, 719, 743, 1105; title 50 App. section 17. 


HISTORICAL AND REVISION NOTES (28 U.S.C. § 1292)


Based on title 28, U.S.C., 1940 ed., Sec. 225(b), 227, 227a, and section 61 of title 7 of the Canal Zone Code (Mar. 3, 1911, ch. 231, Sec. 128, 129, 36 Stat. 1133, 1134; Feb. 13, 1925, ch. 229, Sec. 1, 43 Stat. 937; Feb. 28, 1927, ch. 228, 44 Stat. 1261; Apr. 3, 1926, ch. 102, 44 Stat. 233; May 20, 1926, ch. 347, Sec. 13(a), 44 Stat. 587; Apr. 11, 1928, ch. 354, Sec. 1, 45 Stat. 422; May 17, 1932, ch. 190, 47 Stat. 158). 

Section consolidates sections 225(b), 227 and part of 227a of title 28, U.S.C., 1940 ed., with necessary changes in phraseology to effect the consolidation.

The second paragraph of section 225(b) of title 28, U.S.C., 1940 ed., relating to review of decisions of the district courts, under section 9 of the Railway Labor Act (section 159 of title 45), was omitted as covered by section 1291 of this title. 

Words in section 227 of title 28, U.S.C., 1940 ed., "or decree," after "interlocutory order," were deleted, in view of Rule 65 of the Federal Rules of Civil Procedure, using only the word "order." Provisions of sections 227 and 227a of title 28, U.S.C., 1940 ed., relating to stay of proceedings pending appeal were omitted as superseded by Federal Rules of Civil Procedure, Rule 73. 

Provisions of section 227 of title 28, U.S.C., 1940 ed., requiring an additional bond by the district court as a condition of appeal were omitted in view of Federal Rules of Civil Procedure, Rule 73.

Words in section 227 of title 28, U.S.C., 1940 ed., "and sections 346 and 347 of this title shall apply to such cases in the circuit courts of appeals as to other cases therein," at the end of the first sentence of section 227 of title 28, U.S.C., 1940 ed., were deleted as fully covered by section 1254 of this title, applicable to any case in a court of appeals. Other procedural provisions of said section 227 were omitted as covered by section 2101 et seq. of this title. 

In subsection (4), which is based on section 227a of title 28, U.S.C., 1940 ed., words "civil actions" were substituted for "suits in equity" and word "judgments" was substituted for "decree," in view of Rules 2 and 54 of the Federal Rules of Civil Procedure.

The provision of sections 227 and 227a of title 28, U.S.C., 1940 ed., that appeal must be taken within thirty days after entry of order, decree or judgment is incorporated in section 2107 of this title. 

The provisions of section 227a of title 28, U.S.C., 1940 ed., relating to stay of proceedings pending appeal, were omitted as superseded by Rule 73 of the Federal Rules of Civil Procedure.

The district courts for the districts of Hawaii and Puerto Rico are embraced in the term "district courts of the United States." (See definitive section 451 of this title.) Consequently the specific reference in section 225 of title 28, U.S.C., 1940 ed., to "the United States district courts for Hawaii" was omitted. 

The District Court for the District of Puerto Rico is not enumerated in section 225(b) of title 28, U.S.C., 1940 ed., nevertheless subsection (2) of the revised section does not except such court. Thus in conformity with the last sentence of section 864, title 48, U.S.C., 1940 ed. For distribution of said section 864, see Distribution Table. 

Section 61 of title 7 of the Canal Zone Code is also incorporated in sections 1291 and 1294 of this title.

AMENDMENTS

1992

Subsec. (d)(2). Pub. L. 102-572, Sec. 902(b)(1), 906(c), substituted "When the chief judge of the United States Court of Federal Claims issues an order under section 798(b) of this title, or when any judge of the United States Court of Federal Claims" for "When any judge of the United States Claims Court". 

Subsec. (d)(3). Pub. L. 102-572, Sec. 902(b)(2), substituted "Court of Federal Claims" for "Claims Court" in two places. 

Subsec. (d)(4). Pub. L. 102-572, Sec. 902(b), substituted "United States Court of Federal Claims" for "United States Claims Court" in subpar. (A) and "Court of Federal Claims" for "Claims Court" in two places in subpar. (B) 

Subsec. (e). Pub. L. 102-572, Sec. 101, added subsec. (e). 

1988 — Subsec. (d)(4). Pub. L. 100-702 added par. (4). 

1984

Subsec. (b). Pub. L. 98-620, Sec. 412(a), inserted "which would have jurisdiction of an appeal of such action" after "The Court of Appeals". 

Subsec. (c)(1). Pub. L. 98-620, Sec. 412(b), inserted "or (b)" after "(a)".

1982

Subsec. (a). Pub. L. 97-164, Sec. 125(a)(1), substituted "Except as provided in subsections (c) and (d) of this section, the courts" for "The courts" in introductory provisions. 

Subsec. (a)(4). Pub. L. 97-164, Sec. 125(a)(2), (3), struck out par. (4) which related to judgments in civil actions for patent infringement which were final except for accounting. 

Subsecs. (c), (d). Pub. L. 97-164, Sec. 125(b), added subsecs. (c) and (d).

1958

 Pub. L. 85-919 designated existing provisions as subsec. (a) and added subsec. (b)

Par. (1). Pub. L. 85-508 struck out reference to District Court for Territory of Alaska. See section 81A of this title which established a United States District Court for the State of Alaska.

1951 — Par. (1). Act Oct. 31, 1951, inserted reference to District Court of Guam. 

EFFECTIVE DATES

1992 Acts.

Amendment by section 101 of Pub. L. 102-572 effective Jan. 1, 1993, see section 1101(a) of Pub. L. 102-572, set out as a note under section 905 of Title 2, The Congress. 

Amendment by sections 902(b) and 906(c) of Pub. L. 102-572 effective Oct. 29, 1992, see section 911 of Pub. L. 102-572, set out as a note under section 171 of this title. 

Section 502 of title V of Pub. L. 100-702 provided that: "The amendment made by section 501 (amending this section) shall apply to any action commenced in the district court on or after the date of enactment of this title (Nov. 19, 1988)." 

1982 Acts. Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402 of Pub. L. 97-164, set out as a note under section 171 of this title 

1958 Acts. Amendment by Pub. L. 85-508 effective Jan. 3, 1959, on admission of Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508, see notes set out under section 81A of this title and preceding section 21 of Title 48, Territories and Insular Possessions. 

TERMINATION OF UNITED STATES DISTRICT

COURT FOR THE DISTRICT OF THE CANAL ZONE

For termination of the United States District Court for the District of the Canal Zone at end of the "transition period", being the 30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 3831 and 3841 to 3843 of Title 22, Foreign Relations and Intercourse. 

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 256, 798, 1291, 1294, 1295, 1334, 1452 of this title; title 9 section 15; title 11 section 305; title 15 sections 29, 78aa, 79y, 80a-43, 80b-14; title 16 sections 825p, 1456; title 18 section 3626; title 42 section 2000e-5; title 45 sections 719, 743, 110. 


HISTORICAL AND REVISION NOTES (28 U.S.C. § 1334)


Based on title 28, U.S.C., 1940 ed., Sec. 41(19) and 371(6) (Mar. 3, 1911, ch. 231, Sec. 24, par. 19, 256, par. 6, 36 Stat. 1093, 1160). 

Changes in phraseology were made.

Legislative REPORTS

2005 Acts (Pub. L. 109-8). House Report No. 109-31.

AMENDMENTS

2005 — Will be supplemented. 

1994

Subsecs. (c)(2), (d). Pub. L. 103-394, Sec. 104(b)(2), inserted "(other than a decision not to abstain in a proceeding described in subsection (c)(2))" after "subsection" in second sentence of subsec. (c)(2) and designated that sentence and third sentence of subsec. (c)(2) as subsec. (d). Former subsec. (d) redesignated (e)

Subsec. (e). Pub. L. 103-394, Sec. 104(b)(1), redesignated subsec. (d) as (e)

1990 — Subsec. (c)(2). Pub. L. 101-650 inserted in second sentence "or not to abstain" after "to abstain" and "by the court of appeals under section 158(d), 1291, or 1292 of this title or by the Supreme Court of the United States under section 1254 of this title" before period at end. 

1986 — Subsec. (d). Pub. L. 99-554 substituted "and of property of the estate" for "and of the estate". 

1984 — Pub. L. 98-353 in amending section generally, substituted "cases" for "matters" in section catchline, designated existing provision as subsec. (a), and in subsec. (a) as so designated, substituted "Except as provided in subsection (b) of this section, the district" for "The district" and "original and exclusive jurisdiction of all cases under title 11" for "original jurisdiction, exclusive of the courts of the States, of all matters and proceedings in bankruptcy", and added subsecs. (b) to (d)

1978 — Pub. L. 95-598 directed the general amendment of section to relate to bankruptcy appeals, which amendment 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. 

EFFECTIVE DATES

2005 Acts. Pub. L. 109-8, Title XV, § 1501, Apr. 20, 2005, provided that, except as otherwise specifically provided, all amendments, except for amendments provided in Pub. L. 109-8, Title III, §§ 308, 322, and 330, are effective 180 days after enactment of the Act on April 20, 2005 (which occurs on October 17, 2005), and are inapplicable with respect to cases commenced under Title 11 before the effective date. 

1994 Acts. 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

1986 Acts. 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. 

1984 Acts. Amendment by Pub. L. 98-353 effective July 10, 1984, except that subsec. (c)(2) not applicable with respect to cases under Title 11, Bankruptcy, that are pending on July 10, 1984, or to proceedings arising in or related to such cases, see section 122(a), (b) of Pub. L. 98-353, set out as an Effective Date note under section 151 of this title. 

JURISDICTION OVER AND TRANSFER OF BANKRUPTCY CASES AND PROCEEDINGS

Section 115 of Pub. L. 98-353 provided that:

"(a) On the date of the enactment of this Act (July 10, 1984) the appropriate district court of the United States shall have jurisdiction of— 

"(1) cases, and matters and proceedings in cases, under the Bankruptcy Act (former Title 11, Bankruptcy) that are pending immediately before such date in the bankruptcy courts continued by section 404(a) of the Act of November 6, 1978 (Public Law 95-598; 92 Stat. 2687) (formerly set out as a note preceding section 151 of this title), and 

"(2) cases under title 11 of the United States Code, and proceedings arising under title 11 of the United States Code or arising in or related to cases under title 11 of the United States Code, that are pending immediately before such date in the bankruptcy courts continued by section 404(a) of the Act of November 6, 1978 (Public Law 95-598; 92 Stat. 2687). 

"(b) On the date of the enactment of this Act (July 10, 1984), there shall be transferred to the appropriate district court of the United States appeals from final judgments, orders, and decrees of the bankruptcy courts pending immediately before such date in the bankruptcy appellate panels appointed under section 405(c) of the Act of November 6, 1978 (Public Law 95-598; 92 Stat. 2685) (formerly set out as a note preceding section 1471 of this title)." 

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 156, 157, 1452 of this title. 


BAPCPA & LEGISLATIVE REPORT LINKS (28 U.S.C. § 1334)

BAPCPA § 324(a)(1)    •    House Report 109-31    •   

BAPCPA § 324(a)(2)    •    House Report 109-31    •    BAPCPA § 324(b) contains the following uncodified provision:

(b) Applicability.—This section shall only apply to cases filed after the date of enactment of this Act.    •   

BAPCPA § 802(c)(2)    •    House Report 109-31    •   

BAPCPA § 1219(1)    •    House Report 109-31    •   

BAPCPA § 1219(2)    •    House Report 109-31    •   


HISTORICAL AND REVISION NOTES (28 U.S.C. § 1408)


PRIOR PROVISIONS

A prior section 1408, added by Pub. L. 95-598, title II, Sec. 240(a), Nov. 6, 1978, 92 Stat. 2668, which related to bankruptcy appeals, 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. 

EFFECTIVE DATES

Section effective July 10, 1984, see section 122(a) of Pub. L. 98-353, set out as a note under section 151 of this title. 


HISTORICAL AND REVISION NOTES (28 U.S.C. § 1409)


Legislative REPORTS

2005 Acts (Pub. L. 109-8). House Report No. 109-31

AMENDMENTS

2005 — Will be supplemented. 

EFFECTIVE DATES

2005 Acts. Pub. L. 109-8, Title XV, § 1501, Apr. 20, 2005, provided that, except as otherwise specifically provided, all amendments, except for amendments provided in Pub. L. 109-8, Title III, §§ 308, 322, and 330, are effective 180 days after enactment of the Act on April 20, 2005 (which occurs on October 17, 2005), and are inapplicable with respect to cases commenced under Title 11 before the effective date. 

1984 Acts. Section effective July 10, 1984, see section 122(a) of Pub. L. 98-353, set out as a note under section 151 of this title. 


BAPCPA & LEGISLATIVE REPORT LINKS (28 U.S.C. § 1409)

§ 410    •    House Report 109-31    •   


HISTORICAL AND REVISION NOTES (28 U.S.C. § 1410)


Legislative REPORTS

2005 Acts (Pub. L. 109-8). House Report No. 109-31

AMENDMENTS

2005 — Will be supplemented. 

EFFECTIVE DATES

2005 Acts. Pub. L. 109-8, Title XV, § 1501, Apr. 20, 2005, provided that, except as otherwise specifically provided, all amendments, except for amendments provided in Pub. L. 109-8, Title III, §§ 308, 322, and 330, are effective 180 days after enactment of the Act on April 20, 2005 (which occurs on October 17, 2005), and are inapplicable with respect to cases commenced under Title 11 before the effective date. 

1984 Acts. Section effective July 10, 1984, see section 122(a) of Pub. L. 98-353, set out as a note under section 151 of this title. 

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1408 of this title. 


BAPCPA & LEGISLATIVE REPORT LINKS (28 U.S.C. § 1410)

§ 802(c)(4)    •    House Report 109-31    •   


HISTORICAL AND REVISION NOTES (28 U.S.C. § 1411)


EFFECTIVE DATES

Section effective July 10, 1984, except that subsec. (a) not applicable with respect to cases under Title 11, Bankruptcy, that are pending on July 10, 1984, or to proceedings arising in or related to such cases, see section 122(a), (b) of Pub. L. 98-353, set out as a note under section 151 of this title. 


HISTORICAL AND REVISION NOTES (28 U.S.C. § 1412)


EFFECTIVE DATES

Section effective July 10, 1984, see section 122(a) of Pub. L. 98-353, set out as a note under section 151 of this title. 


HISTORICAL AND REVISION NOTES (28 U.S.C. § 1441)


Based on title 28, U.S.C., 1940 ed., Sec. 71, 114 (Mar. 3, 1911, ch. 231, Sec. 28, 53, 36 Stat. 1094, 1101; Jan. 20, 1914, ch. 11, 38 Stat. 278; Jan. 31, 1928, ch. 14, Sec. 1, 45 Stat. 54). 

Section consolidates removal provisions of sections 71 and 114 of title 28, U.S.C., 1940 ed., and is intended to resolve ambiguities and conflicts of decisions. 

Phrases such as "in suits of a civil nature, at law or in equity," the words "case," "cause," "suit," and the like have been omitted and the words "civil action" substituted in harmony with Rules 2 and 81(c) of the Federal Rules of Civil Procedure. 

Ambiguous phrases such as "the District Court of the United States for the proper district" have been clarified by the substitution of the phrase "the district and division embracing the place where such action is pending." (See General Investment Co. v. Lake Shore & M.S. Ry. Co., 1922, 43 S.Ct. 107, 112, 260 U.S. 261, 67 L.Ed. 244 and cases cited therein.) All the provisions with reference to removal of controversies between citizens of different States because of inability, from prejudice or local influence, to obtain justice, have been discarded. These provisions, born of the bitter sectional feelings engendered by the Civil War and the Reconstruction period, have no place in the jurisprudence of a nation since united by three wars against foreign powers. Indeed, the practice of removal for prejudice or local influence has not been employed much in recent years. 

Subsection (c) has been substituted for the provision in section 71 of title 28, U.S.C., 1940 ed., "and when in any suit mentioned in this section, there shall be a controversy which is wholly between citizens of different States, and which can be fully determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the district court of the United States." This quoted language has occasioned much confusion. The courts have attempted to distinguish between separate and separable controversies, a distinction which is sound in theory but illusory in substance. (See 41 Harv. L. Rev. 1048; 35 Ill. L. Rev. 576.) Subsection (c) permits the removal of a separate cause of action but not of a separable controversy unless it constitutes a separate and independent claim or cause of action within the original jurisdiction of United States District Courts. In this respect it will somewhat decrease the volume of Federal litigation. 

Rules 18, 20, and 23 of the Federal Rules of Civil Procedure permit the most liberal joinder of parties, claims, and remedies in civil actions. Therefore there will be no procedural difficulty occasioned by the removal of the entire action. Conversely, if the court so desires, it may remand to the State court all nonremovable matters. 

The provisions of section 71 of title 28, U.S.C., 1940 ed., with respect to removal of actions under the Federal Employer's Liability Act (U.S.C., 1940 ed., title 45, Railroads, Sec. 51-60) and actions against a carrier for loss, damage, or delay to shipments under section 20 of title 49, U.S.C., 1940 ed., Transportation, are incorporated in section 1445 of this title. 

AMENDMENTS

2002 — Subsecs. (e), (f). Pub. L. 107–273 added subsec. (e), redesignated former subsec. (e) as (f), and substituted “The court to which a civil action is removed under this section” for “The court to which such civil action is removed”.  

1991 — Subsec. (c). Pub. L. 102-198 struck out comma after "title" and substituted "may" for "may may" before "remand". 

1990 — Subsec. (c). Pub. L. 101-650 substituted "within the jurisdiction conferred by section 1331 of this title" for ", which would be removable if sued upon alone" and "may remand all matters in which State law predominates" for "remand all matters not otherwise within its original jurisdiction". 

1988 — Subsec. (a). Pub. L. 100-702 inserted at end "For purposes of removal under this chapter, the citizenship of defendants sued under fictitious names shall be disregarded." 

1986 — Subsec. (e). Pub. L. 99-336 added subsec. (e)

1976 — Subsec. (d). Pub. L. 94-583 added subsec. (d)

EFFECTIVE DATES

2002 Acts. Amendment by Pub. L. 107–273 applicable to a civil action if the accident giving rise to the cause of action occurred on or after the 90th day after Nov. 2, 2002, see section 11020(c) of Pub. L. 107–273, set out as an Effective Date note under section 1369 of this title.  

1986 Acts. Section 3(b) of Pub. L. 99-336 provided that: "The amendment made by this section (amending this section) shall apply with respect to claims in civil actions commenced in State courts on or after the date of the enactment of this section (June 19, 1986)." 

1976 Acts. Amendment by Pub. L. 94-583 effective 90 days after Oct. 21, 1976, see section 8 of Pub. L. 94-583, set out as an Effective Date note under section 1602 of this title. 

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1332 of this title; title 33 section 1323. 


HISTORICAL AND REVISION NOTES (28 U.S.C. § 1452)


AMENDMENTS

1990 — Subsec. (b). Pub. L. 101-650 inserted before period at end "by the court of appeals under section 158(d), 1291, or 1292 of this title or by the Supreme Court of the United States under section 1254 of this title". 

EFFECTIVE DATES

Section effective July 10, 1984, see section 122(a) of Pub. L. 98-353, set out as a note under section 151 of this title. 


HISTORICAL AND REVISION NOTES (28 U.S.C. § 1655)


Based on title 28, U.S.C., 1940 ed., Sec. 118 (Mar. 3, 1911, ch. 231, Sec. 57, 36 Stat. 1102). 

Word "action" was substituted for "suit," in view of Rule 2 of the Federal Rules of Civil Procedure.

In view of Rule 4(f) of the Federal Rules of Civil Procedure permitting service of process anywhere within the territorial limits of the States, the word "State" was substituted for "district" in the first and third paragraphs. 

Changes were made in phraseology.


HISTORICAL AND REVISION NOTES (28 U.S.C. § 1746)


PRIOR PROVISIONS

A prior section 1746 was renumbered section 1745 of this title. 

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 8 sections 1183a, 1225, 1357; title 10 section 931; title 18 sections 152, 1546, 1621, 1623; title 25 section 399. 


HISTORICAL AND REVISION NOTES (28 U.S.C. § 1927)


Based on title 28, U.S.C., 1940 ed., Sec. 829 (R.S. Sec. 982). 

Word "personally" was inserted upon authority of Motion Picture Patents Co. v. Steiner et al., 1912, 201 F. 63, 119 C.C.A. 401. 

Reference to "proctor" was omitted as covered by the revised section. 

See definition of "court of the United States" in section 451 of this title.

Changes were made in phraseology. 

AMENDMENTS

1980 — Pub. L. 96-349 substituted judicial authorization to require attorneys to satisfy excess costs, expenses, and attorneys' fees reasonably incurred because of multiplication of proceedings for such prior authority to impose liability for increased costs based on multiplication of proceedings. 

.SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2503 of this title; title 19 section 1516a. 


HISTORICAL AND REVISION NOTES (28 U.S.C. § 1930)


LEGISLATIVE REPORTS

2005 Acts (Pub. L. 109-8). House Report No. 109-31.

AMENDMENTS

2005 — Will be supplemented. 

2000

Subsec. (a). Pub. L. 106-518, Sec. 104, substituted "the amount equal to the difference between the fee specified in paragraph (3) and the fee specified in paragraph (1)" for "$400" in concluding provisions. 

Subsec. (a)(2). Pub. L. 106-518, Sec. 103, substituted "equal to the fee specified in paragraph (3) for filing a case under chapter 11 of title 11. The amount by which the fee payable under this paragraph exceeds $300 shall be deposited in the fund established under section 1931 of this title" for "$300". 

Subsec. (a)(7). Pub. L. 106-518, Sec. 105, which directed amendment of subsec. (a) by adding par. (7) at end, was executed by adding par. (7) after par. (6) and before concluding provisions to reflect the probable intent of Congress. 

1999 — Subsec. (a)(1). Pub. L. 106-113 substituted "$155" for "$130". 

1996

Subsec. (a)(3). Pub. L. 104-208 inserted a dollar sign before "800". 

Subsec. (a)(6). Pub. L. 104-208 substituted "$500 for each quarter in which disbursements total $15,000 or more but less than $75,000; $750 for each quarter in which disbursements total $75,000 or more but less than $150,000; $1,250 for each quarter in which disbursements total $150,000 or more but less than $225,000; $1,500 for each quarter in which disbursements total $225,000 or more but less than $300,000; $3,750 for each quarter in which disbursements total $300,000 or more but less than $1,000,000; $5,000 for each quarter in which disbursements total $1,000,000 or more but less than $2,000,000; $7,500 for each quarter in which disbursements total $2,000,000 or more but less than $3,000,000; $8,000 for each quarter in which disbursements total $3,000,000 or more but less than $5,000,000; $10,000 for each quarter in which disbursements total $5,000,000 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." for "$500 for each quarter in which disbursements total $15,000 or more but less than $150,000; $1,250 or each quarter in which disbursements total $150,000 or more but less than $300,000; $3,750 for each quarter in which disbursements total $300,000 or more but less than $3,000,000; $5,000 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." 

Pub. L. 104-91, as amended by Pub. L. 104-99, struck out "a plan is confirmed or" before "the case is converted".

1993

Subsec. (a)(1). Pub. L. 103-121, Sec. 111(a)(1), substituted "$130" for "$120". 

Subsec. (a)(3). Pub. L. 103-81, Sec. 111(b)(1), substituted "800" for "$600". 

1991

Subsec. (a)(3). Pub. L. 102-140, Sec. 111(a)(1), substituted "$600" for "$500". 

Subsec. (a)(6). Pub. L. 102-140, Sec. 111(a)(2), substituted "$250" for "$150", "$500" for "$300", "$1,250" for "$750", "$3,750" for "$2,250", and "$5,000" for "$3,000". 

1989 — Subsec. (a)(1). Pub. L. 101-162 substituted "$120" for "$90". 

1986

Subsec. (a). Pub. L. 99-554, Sec. 117(5), 144(f), in introductory and closing provisions, substituted "of the district court or the clerk of the bankruptcy court, if one has been certified pursuant to section 156(b) of this title" for "of the court", and in closing provisions, inserted provision that for conversion, on request of the debtor, of a case under chapter 7 or 13 of title 11, to a case under chapter 11 of title 11, the debtor pay to the clerk of the court a fee of $400. 

Subsec. (a)(1). Pub. L. 99-500 and Pub. L. 99-591, Pub. L. 99-554, Sec. 117(1), amended par. (1) identically substituting "$90" for "$60". 

Subsec. (a)(3). Pub. L. 99-554, Sec. 117(2), substituted "$500" for "$200". 

Subsec. (a)(4). Pub. L. 99-554, Sec. 117(3), substituted "$1,000" for "$500". 

Subsec. (a)(5), (6). Pub. L. 99-554, Sec. 117(4), added pars. (5) and (6). 

1984

Pub. L. 98-353, Sec. 111(b), substituted "fees" for "courts" in section catchline. 

Subsecs. (a), (c), (e). Pub. L. 98-353, Sec. 111(a), substituted "clerk of the court" for "clerk of the bankruptcy court". 

EFFECTIVE DATES

2005 Acts. Pub. L. 109-8, Title XV, § 1501, Apr. 20, 2005, provided that, except as otherwise specifically provided, all amendments, except for amendments provided in Pub. L. 109-8, Title III, §§ 308, 322, and 330, are effective 180 days after enactment of the Act on April 20, 2005 (which occurs on October 17, 2005), and are inapplicable with respect to cases commenced under Title 11 before the effective date. 

1999 Acts. Pub. L. 106-113, div. B, Sec. 1000(a)(1) (title I, Sec. 113), Nov. 29, 1999, 113 Stat. 1535, 1501A-20, provided that the amendment made by section 1000(a)(1) (title I, Sec. 113) is effective 30 days after Nov. 29, 1999. 

1993

Section 111(a) of Pub. L. 103-121 provided in part that the amendment made by that section is effective 30 days after Oct. 27, 1993.

Section 111(b) of Pub. L. 103-121 provided in part that the amendment made by that section is effective 30 days after Oct. 27, 1993. 

1991 Acts. Section 111 of Pub. L. 102-140 provided that the amendment made by that section is effective 60 days after Oct. 28, 1991.

1989 Acts. MISCELLANEOUS FEES. Section 406(a) of Pub. L. 101-162 provided that: "Section 1930(a)(1) of title 28, United States Code, is amended by striking out '$90' and inserting in lieu thereof '$120'. Pursuant to section 1930(b) of title 28, the Judicial Conference of the United States shall prescribe a fee of $60 on motions seeking relief from the automatic stay under 11 U.S.C. section 362(b) and motions to compel abandonment of property of the estate. The fees established pursuant to the preceding two sentences shall take effect 30 days after the enactment of this Act (Nov. 21, 1989).' 

1986 Acts. Amendment by Pub. L. 99-554 effective 30 days after Oct. 27, 1986, with effective date and applicability of enactment of subsec. (a)(6) of this section by section 117(4) of Pub. L. 99-554 dependent upon the judicial district involved, see section 302(a), (d), (e) of Pub. L. 99-554, set out as a note under section 581 of this title. 

1984 Acts. Amendment by Pub. L. 98-353 effective July 10, 1984, see section 122(a) of Pub. L. 98-353, set out as an Effective Date note under section 151 of this title. 

EFFECTIVE DATES

Section effective Oct. 1, 1979, see section 402(c) of Pub. L. 95-598, set out as a note preceding section 101 of Title 11, Bankruptcy. 

ACCRUAL AND PAYMENT OF

QUARTERLY FEES IN CHAPTER 11 CASES

AFTER JAN. 27, 1996; CONFIRMATION STATUS OF PLANS

Section 101(a) of Pub. L. 104-91, as amended by Pub. L. 104-208, div. A, title I, Sec. 101(a) (title I, Sec. 109(d)), Sept. 30, 1996, 110 Stat. 3009, 3009-19, provided in part: "That, notwithstanding any other provision of law, the fees under 28 U.S.C. 1930(a)(6) shall accrue and be payable from and after January 27, 1996, in all cases (including, without limitation, any cases pending as of that date), regardless of confirmation status of their plans". 

REPORT ON BANKRUPTCY FEES

Section 111(d) of Pub. L. 103-121 provided that:

"(1) Report required.—Not later than March 31, 1998, the Judicial Conference of the United States shall submit to the Committees on the Judiciary of the House of Representatives and the Senate, a report relating to the bankruptcy fee system and the impact of such system on various participants in bankruptcy cases 

"(2) Contents of report.—Such report shall include—

"(A)(i) an estimate of the costs and benefits that would result from waiving bankruptcy fees payable by debtors who are individuals, and 

"(ii) recommendations regarding various revenue sources to offset the net cost of waiving such fees; and

"(B)(i) an evaluation of the effects that would result in cases under chapters 11 and 13 of title 11, United States Code, from using a graduated bankruptcy fee system based on assets, liabilities, or both of the debtor, and 

"(ii) recommendations regarding various methods to implement such a graduated bankruptcy fee system.

"(3) Waiver of fees in selected districts.—For purposes of carrying out paragraphs (1) and (2), the Judicial Conference of the United States shall carry out in not more than six judicial districts, throughout the 3-year period beginning on October 1, 1994, a program under which fees payable under section 1930 of title 28, United States Code, may be waived in cases under chapter 7 of title 11, United States Code, for debtors who are individuals unable to pay such fees in installments. 

"(4) Study of graduated fee system.—For purposes of carrying out paragraphs (1) and (2), the Judicial Conference of the United States shall carry out, in not fewer than six judicial districts, a study to estimate the results that would occur in cases under chapters 11 and 13 of title 11, United States Code, if filing fees payable under section 1930 of title 28, United States Code, were paid on a graduated scale based on assets, liabilities, or both of the debtor." 

COURT FEES FOR ELECTRONIC ACCESS TO INFORMATION

Judicial Conference to prescribe reasonable fees for collection by courts under this section for access to information available through automatic data processing equipment and fees to be deposited in Judiciary Automation Fund, see section 303 of Pub. L. 102-140, set out as a note under section 1913 of this title 

ISSUANCE OF NOTICES TO CREDITORS AND OTHER INTERESTED PARTIES

Section 403 of Pub. L. 101-162 provided that: "Notwithstanding any other provision of law, for fiscal year 1990 and hereafter, (a) The Administrative Office of the United States Courts, or any other agency or instrumentality of the United States, is prohibited from restricting solely to staff of the Clerks of the United States Bankruptcy Courts the issuance of notices to creditors and other interested parties. (b) The Administrative Office shall permit and encourage the preparation and mailing of such notices to be performed by or at the expense of the debtors, trustees or such other interested parties as the Court may direct and approve. (c) The Director of the Administrative Office of the United States Courts shall make appropriate provisions for the use of and accounting for any postage required pursuant to such directives." 

COLLECTION AND DISPOSITION OF FEES IN BANKRUPTCY CASES

Section 404(a) of Pub. L. 101-162 provided that: "For fiscal year 1990 and hereafter, such fees as shall be collected for the preparation and mailing of notices in bankruptcy cases as prescribed by the Judicial Conference of the United States pursuant to 28 U.S.C. 1930(b) shall be deposited to the 'Courts of Appeals, District Courts, and Other Judicial Services, Salaries and Expenses' appropriation to be used for salaries and other expenses incurred in providing these services." 

CODIFICATION

Amendment by Pub. L. 104-91 is based on section 111(a) of H.R. 2076, One Hundred Fourth Congress, as passed by House of Representatives on Dec. 6, 1995, which was enacted into law by Pub. L. 104-91. 

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 589a of this title; title 11 sections 104, 1129


BAPCPA & LEGISLATIVE REPORT LINKS (28 U.S.C. § 1930)

BAPCPA § 325(a)(1)    •    House Report 109-31    •   

BAPCPA § 325(a)(2)    •    House Report 109-31    •   

BAPCPA § 418(1)    •    House Report 109-31    •   

BAPCPA § 418(2)    •    House Report 109-31    •   


HISTORICAL AND REVISION NOTES (28 U.S.C. § 2075)


LEGISLATIVE REPORTS

2005 Acts (Pub. L. 109-8). House Report No. 109-31

AMENDMENTS

2005 — Will be supplemented. 

1994 — Pub. L. 103-394 amended third par. generally. Prior to amendment, third par. read as follows: "Such rules shall not take effect until they have been reported to Congress by the Chief Justice at or after the beginning of a regular session thereof but not later than the first day of May and until the expiration of ninety days after they have been thus reported." 

1978 — Pub. L. 95-598 substituted "in cases under title 11" for "under the Bankruptcy Act" and struck out provisions directing that all laws in conflict with bankruptcy rules be of no further force or effect after such rules have taken effect. 

EFFECTIVE DATES

2005 Acts. Pub. L. 109-8, Title XV, § 1501, Apr. 20, 2005, provided that, except as otherwise specifically provided, all amendments, except for amendments provided in Pub. L. 109-8, Title III, §§ 308, 322, and 330, are effective 180 days after enactment of the Act on April 20, 2005 (which occurs on October 17, 2005), and are inapplicable with respect to cases commenced under Title 11 before the effective date. 

1994 Acts. 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

1978 Acts. Amendment by Pub. L. 95-598 effective Nov. 6, 1978, see section 402(d) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. 

RULES PROMULGATED BY SUPREME COURT

Pub. L. 98-353, title III, Sec. 320, July 10, 1984, 98 Stat. 357, provided that: "The Supreme Court shall prescribe general rules implementing the practice and procedure to be followed under section 707(b) of title 11, United States Code. Section 2075 of title 28, United States Code, shall apply with respect to the general rules prescribed under this section." 

APPLICABILITY OF RULES TO CASES UNDER TITLE 11

Pub. L. 95-598, title IV, Sec. 405(d), Nov. 6, 1978, 92 Stat. 2685, provided that: "The rules prescribed under section 2075 of title 28of the United States Code and in effect on September 30, 1979, shall apply to cases under title 11, to the extent not inconsistent with the amendments made by this Act, or with this Act (see Tables for complete classification of Pub. L. 95-598), until such rules are repealed or superseded by rules prescribed and effective under such section, as amended by section 248 of this Act." 

ADDITIONAL RULEMAKING POWER

Pub. L. 95-598, title IV, Sec. 410, Nov. 6, 1978, 92 Stat. 2687, provided that: "The Supreme Court may issue such additional rules of procedure, consistent with Acts of Congress, as may be necessary for the orderly transfer of functions and records and the orderly transition to the new bankruptcy court system created by this Act (see Tables for complete classification of Pub. L. 95-598)." 

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2073 of this title. 


BAPCPA & LEGISLATIVE REPORT LINKS (28 U.S.C. § 2075)

BAPCPA § 1232    •    House Report 109-31 


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