28 U.S.C. § 151 — Designation of bankruptcy courts

Page 78 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 151 transition period, was repealed by Pub. L. 98–353, title I, §§ 114, 122(a), July 10, 1984, 98 Stat. 343, 346, eff. July 10, 1984. TRANSITION STUDY Pub. L. 95–598, title IV, § 406, Nov. 6, 1978, 92 Stat. 2686, as amended by Pub. L. 98–249, § 1(c), Mar. 31, 1984, 98 Stat. 116; Pub. L. 98–271, § 1(c), Apr. 30, 1984, 98 Stat. 163; Pub. L. 98–299, § 1(c), May 25, 1984, 98 Stat. 214; Pub. L. 98–325, § 1(c), June 20, 1984, 98 Stat. 268; Pub. L. 98–353, title I, § 121(c), July 10, 1984, 98 Stat. 346, which provided that during the transition period, Oct. 1, 1979, to July 9, 1984, the Director of the Administrative Office of the United States Courts make continuing studies and sur- veys in the judicial districts to determine the number of bankruptcy judges needed after July 9, 1984, to pro- vide for the expeditious and effective administration of justice, their regular places of offices, and the places where the court was to be held, and that the Director report to the judicial councils of the circuits and the Judicial Conference of the United States his rec- ommendations, the judicial councils advise the Con- ference of their recommendations, and the Conference recommend to the Congress and the President, before Jan. 3, 1983, the number of bankruptcy judges needed after July 9, 1984, and the locations at which they were to serve, was repealed by Pub. L. 98–353, title I, §§ 114, 122(a), July 10, 1984, 98 Stat. 343, 346, eff. July 10, 1984. JUDICIAL ADMINISTRATION DURING TRANSITION Pub. L. 95–598, title IV, § 407, Nov. 6, 1978, 92 Stat. 2686, which provided that the Director of the Administrative Office of the United States Courts appoint a committee of not fewer than seven United States bankruptcy judges to advise the Director with respect to matters arising during the transition period or that are rel- evant to the purposes of the transition period, and di- rected that during the transition period, the chief judge of each circuit summon at least one bankruptcy judge from each judicial district within the circuit to the ju- dicial conference of such circuit called and held under section 332 of this title, was repealed by Pub. L. 98–353, title I, §§ 114, 122(a), July 10, 1984, 98 Stat. 343, 346, eff. July 10, 1984. EXTENSION AND TERMINATION OF TERM OF OFFICE OF BANKRUPTCY JUDGE SERVING ON JUNE 27, 1984 Pub. L. 98–353, title I, § 121(e), July 10, 1984, 98 Stat. 346, provided that: ‘‘The term of office of any bank- ruptcy judge who was serving on June 27, 1984, is ex- tended to and shall expire at the end of the day of en- actment of this Act [July 10, 1984].’’ [Section 121(e) of Pub. L. 98–353 effective June 27, 1984, see section 122(c) of Pub. L. 98–353, set out as an Effec- tive Date note under section 151 of this title.] For prior extensions of the term of office of bank- ruptcy judges see: Pub. L. 98–325, § 2, June 20, 1984, 98 Stat. 268. Pub. L. 98–299, § 2, May 25, 1984, 98 Stat. 214. Pub. L. 98–271, § 2, Apr. 30, 1984, 98 Stat. 163. Pub. L. 98–249, § 2, Mar. 31, 1984, 98 Stat. 116. § 151. Designation of bankruptcy courts In each judicial district, the bankruptcy judges in regular active service shall constitute a unit of the district court to be known as the bankruptcy court for that district. Each bank- ruptcy judge, as a judicial officer of the district court, may exercise the authority conferred under this chapter with respect to any action, suit, or proceeding and may preside alone and hold a regular or special session of the court, ex- cept as otherwise provided by law or by rule or order of the district court. (Added Pub. L. 98–353, title I, § 104(a), July 10, 1984, 98 Stat. 336.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 98–353, title I, § 122, July 10, 1984, 98 Stat. 346, 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 provi- sions set out as notes preceding section 151 of this title and under sections 151 to 153, 634, and 1334 of this title and section 8331 of Title 5, amending provisions set out as notes preceding sections 151 and 1471 of this title and section 101 of Title 11, and repealing provisions set out as notes preceding sections 151 and 1471 of this title] shall take effect on the date of the enactment of this Act [July 10, 1984]. ‘‘(b) Section 1334(c)(2) of title 28, United States Code, and section 1411(a) of title 28, United States Code, as added by this Act, shall not apply with respect to cases under title 11 of the United States Code that are pend- ing 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 pro- visions 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 Pub. L. 98–353, § 1, July 10, 1984, 98 Stat. 333, 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 Em- ployees, 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 Of- ficial Bankruptcy Form No. 1] may be cited as the ‘Bankruptcy Amendments and Federal Judgeship Act of 1984’.’’ SEPARABILITY Pub. L. 98–353, title I, § 119, July 10, 1984, 98 Stat. 344, 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.’’ § 152. Appointment of bankruptcy judges (a)(1) Each bankruptcy judge to be appointed for a judicial district, as provided in paragraph (2), shall be appointed by the court of appeals of the United States for the circuit in which such district is located. Such appointments shall be