28 U.S.C. § 157 — Procedures

Page 89 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 157 Administrative Office of the United States Courts that the number of cases and proceedings pending within the jurisdiction under section 1334 of this title within a judicial district so warrants, the bankruptcy judges for such dis- trict may appoint an individual to serve as clerk of such bankruptcy court. The clerk may ap- point, with the approval of such bankruptcy judges, and in such number as may be approved by the Director, necessary deputies, and may re- move such deputies with the approval of such bankruptcy judges. (c) Any court may utilize facilities or services, either on or off the court’s premises, which per- tain to the provision of notices, dockets, cal- endars, and other administrative information to parties in cases filed under the provisions of title 11, United States Code, where the costs of such facilities or services are paid for out of the assets of the estate and are not charged to the United States. The utilization of such facilities or services shall be subject to such conditions and limitations as the pertinent circuit council may prescribe. (d) No office of the bankruptcy clerk of court may be consolidated with the district clerk of court office without the prior approval of the Judicial Conference and the Congress. (e) In a judicial district where a bankruptcy clerk has been appointed pursuant to subsection (b), the bankruptcy clerk shall be the official custodian of the records and dockets of the bankruptcy court. (f) For purposes of financial accountability in a district where a bankruptcy clerk has been certified, such clerk shall be accountable for and pay into the Treasury all fees, costs, and other monies collected by such clerk except uncol- lected fees not required by an Act of Congress to be prepaid. Such clerk shall make returns there- of to the Director of the Administrative Office of the United States Courts and the Director of the Executive Office For United States Trustees, under regulations prescribed by such Directors. (Added Pub. L. 98–353, title I, § 104(a), July 10, 1984, 98 Stat. 339; amended Pub. L. 99–554, title I, §§ 103, 142, 144(a), Oct. 27, 1986, 100 Stat. 3090, 3096; Pub. L. 100–702, title X, § 1003(a)(3), Nov. 19, 1988, 102 Stat. 4665.) Editorial Notes 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, § 103, added subsec. (d). Subsecs. (e), (f). Pub. L. 99–554, §§ 142, 144(a), added subsecs. (e) and (f). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Amendment by section 103 of Pub. L. 99–554 effective Oct. 27, 1986, and amendment by sections 142 and 144 of Pub. L. 99–554 effective 30 days after Oct. 27, 1986, see section 302(a), (b) of Pub. L. 99–554, set out as a note under section 581 of this title. § 157. Procedures (a) Each district court may provide that any or all cases under title 11 and any or all pro- ceedings arising under title 11 or arising in or related to a case under title 11 shall be referred to the bankruptcy judges for the district. (b)(1) Bankruptcy judges may hear and deter- mine all cases under title 11 and all core pro- ceedings arising under title 11, or arising in a case under title 11, referred under subsection (a) of this section, and may enter appropriate or- ders and judgments, subject to review under sec- tion 158 of this title. (2) Core proceedings include, but are not lim- ited to— (A) matters concerning the administration of the estate; (B) allowance or disallowance of claims against the estate or exemptions from prop- erty of the estate, and estimation of claims or interests for the purposes of confirming a plan under chapter 11, 12, or 13 of title 11 but not the liquidation or estimation of contingent or unliquidated personal injury tort or wrongful death claims against the estate for purposes of distribution in a case under title 11; (C) counterclaims by the estate against per- sons filing claims against the estate; (D) orders in respect to obtaining credit; (E) orders to turn over property of the es- tate; (F) proceedings to determine, avoid, or re- cover preferences; (G) motions to terminate, annul, or modify the automatic stay; (H) proceedings to determine, avoid, or re- cover fraudulent conveyances; (I) determinations as to the dischargeability of particular debts; (J) objections to discharges; (K) determinations of the validity, extent, or priority of liens; (L) confirmations of plans; (M) orders approving the use or lease of property, including the use of cash collateral; (N) orders approving the sale of property other than property resulting from claims brought by the estate against persons who have not filed claims against the estate; (O) other proceedings affecting the liquida- tion of the assets of the estate or the adjust- ment of the debtor-creditor or the equity secu- rity holder relationship, except personal in- jury tort or wrongful death claims; and (P) recognition of foreign proceedings and other matters under chapter 15 of title 11. (3) The bankruptcy judge shall determine, on the judge’s own motion or on timely motion of a party, whether a proceeding is a core pro- ceeding under this subsection or is a proceeding that is otherwise related to a case under title 11. A determination that a proceeding is not a core proceeding shall not be made solely on the basis that its resolution may be affected by State law. (4) Non-core proceedings under section 157(b)(2)(B) of title 28, United States Code, shall not be subject to the mandatory abstention pro- visions of section 1334(c)(2). (5) The district court shall order that personal injury tort and wrongful death claims shall be Page 90 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 158 1 So in original. Probably should be followed by a dash. tried in the district court in which the bank- ruptcy case is pending, or in the district court in the district in which the claim arose, as deter- mined by the district court in which the bank- ruptcy case is pending. (c)(1) A bankruptcy judge may hear a pro- ceeding that is not a core proceeding but that is otherwise related to a case under title 11. In such proceeding, the bankruptcy judge shall submit proposed findings of fact and conclusions of law to the district court, and any final order or judgment shall be entered by the district judge after considering the bankruptcy judge’s proposed findings and conclusions and after re- viewing de novo those matters to which any party has timely and specifically objected. (2) Notwithstanding the provisions of para- graph (1) of this subsection, the district court, with the consent of all the parties to the pro- ceeding, may refer a proceeding related to a case under title 11 to a bankruptcy judge to hear and determine and to enter appropriate orders and judgments, subject to review under section 158 of this title. (d) The district court may withdraw, in whole or in part, any case or proceeding referred under this section, on its own motion or on timely mo- tion of any party, for cause shown. The district court shall, on timely motion of a party, so withdraw a proceeding if the court determines that resolution of the proceeding requires con- sideration of both title 11 and other laws of the United States regulating organizations or ac- tivities affecting interstate commerce. (e) If the right to a jury trial applies in a pro- ceeding that may be heard under this section by a bankruptcy judge, the bankruptcy judge may conduct the jury trial if specially designated to exercise such jurisdiction by the district court and with the express consent of all the parties. (Added Pub. L. 98–353, title I, § 104(a), July 10, 1984, 98 Stat. 340; amended Pub. L. 99–554, title I, §§ 143, 144(b), Oct. 27, 1986, 100 Stat. 3096; Pub. L. 103–394, title I, § 112, Oct. 22, 1994, 108 Stat. 4117; Pub. L. 109–8, title VIII, § 802(c)(1), Apr. 20, 2005, 119 Stat. 145.) Editorial Notes AMENDMENTS 2005—Subsec. (b)(2)(P). Pub. L. 109–8 added subpar. (P). 1994—Subsec. (e). Pub. L. 103–394 added subsec. (e). 1986—Subsec. (b)(2). Pub. L. 99–554, in subpar. (B) sub- stituted ‘‘interests’’ for ‘‘interest’’ and inserted ref- erence to chapter 12, and in subpar. (G) inserted a comma after ‘‘annul’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2005 AMENDMENT Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before such ef- fective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of Title 11. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before Oct. 22, 1994, see sec- tion 702 of Pub. L. 103–394, set out as a note under sec- tion 101 of Title 11. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–554 effective 30 days after Oct. 27, 1986, see section 302(a) of Pub. L. 99–554, set out as a note under section 581 of this title. § 158. Appeals (a) The district courts of the United States shall have jurisdiction to hear appeals 1 (1) from final judgments, orders, and decrees; (2) from interlocutory orders and decrees issued under section 1121(d) of title 11 increas- ing or reducing the time periods referred to in section 1121 of such title; and (3) with leave of the court, from other inter- locutory orders and decrees; of bankruptcy judges entered in cases and pro- ceedings referred to the bankruptcy judges under section 157 of this title. An appeal under this subsection shall be taken only to the dis- trict court for the judicial district in which the bankruptcy judge is serving. (b)(1) The judicial council of a circuit shall es- tablish a bankruptcy appellate panel service composed of bankruptcy judges of the districts in the circuit who are appointed by the judicial council in accordance with paragraph (3), to hear and determine, with the consent of all the parties, appeals under subsection (a) unless the judicial council finds that— (A) there are insufficient judicial resources available in the circuit; or (B) establishment of such service would re- sult in undue delay or increased cost to parties in cases under title 11. Not later than 90 days after making the finding, the judicial council shall submit to the Judicial Conference of the United States a report con- taining the factual basis of such finding. (2)(A) A judicial council may reconsider, at any time, the finding described in paragraph (1). (B) On the request of a majority of the district judges in a circuit for which a bankruptcy appel- late panel service is established under paragraph (1), made after the expiration of the 1-year pe- riod beginning on the date such service is estab- lished, the judicial council of the circuit shall determine whether a circumstance specified in subparagraph (A) or (B) of such paragraph ex- ists. (C) On its own motion, after the expiration of the 3-year period beginning on the date a bank- ruptcy appellate panel service is established under paragraph (1), the judicial council of the circuit may determine whether a circumstance specified in subparagraph (A) or (B) of such paragraph exists. (D) If the judicial council finds that either of such circumstances exists, the judicial council may provide for the completion of the appeals then pending before such service and the orderly termination of such service. (3) Bankruptcy judges appointed under para- graph (1) shall be appointed and may be re- appointed under such paragraph. (4) If authorized by the Judicial Conference of the United States, the judicial councils of 2 or