To amend title 11 of the United States Code to provide private trustees the right to seek judicial review of United States trustee actions related to trustee expenses and trustee removal.
Private Trustee Reform Act of 1998 - Amends the Federal judicial code to allow a United States trustee whose appointment to a panel or as a standing trustee is terminated or who ceases to be assigned to cases filed under title 11 of the United States Code (bankruptcy provisions) to obtain judicial review of the final agency decision by commencing an action in U.S. district court for the district in which the panel member or standing trustee resides, after exhausting all available administrative remedies which, if the trustee so elects, shall also include an administrative hearing on the record. Deems the trustee to have exhausted such remedies, unless the trustee elects to have an administrative hearing on the record, if the agency fails to make a final agency decision within 90 days after the trustee requests administrative remedies.
Authorizes a standing trustee to obtain judicial review of final agency action to deny a claim of actual, necessary expenses by commencing an action in U.S. district court in the district where the individual resides.
Directs the Attorney General to prescribe procedures to implement such provisions.
Requires: (1) the district court, in conducting judicial review under this Act, to determine whether to retain the case or to refer the case to a bankruptcy judge in the district; (2) a bankruptcy judge to whom a case is referred to submit a recommendation for disposition to the district court based solely on a review of the administrative record before the agency; (3) a final order or judgment to be entered by the court after considering the bankruptcy judge's recommendation and after reviewing those matters to which any party has timely and specifically objected; and (4) the agency decision to be affirmed unless it is unreasonable and without cause based upon the administrative record before the agency.
Grants the U.S. district courts jurisdiction to review final agency decisions and actions pursuant to this Act. Authorizes bankruptcy judges to submit recommendations to such courts.
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Commercial and Administrative Law.
Subcommittee Hearings Held.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee by Voice Vote.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Judiciary. H. Rept. 105-663.
Reported (Amended) by the Committee on Judiciary. H. Rept. 105-663.
Placed on the Union Calendar, Calendar No. 370.
Mr. Gekas moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H6901-6903)
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DEBATE - The House proceeded with forty minutes of debate.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
Motion to reconsider laid on the table Agreed to without objection.
The title of the measure was amended. Agreed to without objection.
Received in the Senate and read twice and referred to the Committee on Judiciary.
Referred to Subcommittee on Oversight and Courts.