A bill to provide for the appointment of United States bankruptcy judges under article III of the Constitution, to provide for the appointment of United States bankruptcy administrators, and for other purposes.
Bankruptcy Court Improvement Act of 1983 - Creates a court of record in each judicial district known as the United States Bankruptcy Court for the district.
Directs the President to appoint bankruptcy judges with the advice and consent of the Senate. States that such judges hold office during good behavior and sets guidelines for: (1) salaries; (2) division of business; (3) times and places of holding court; and (4) continuation of proceedings during vacant judgeships.
Authorizes the Chief Justice of the United States to temporarily assign bankruptcy judges of one circuit for service in a bankruptcy court in another circuit. Prohibits assigning bankruptcy judges for service in courts other than bankruptcy courts. Prescribes retirement benefits for current bankruptcy judges not appointed to bankruptcy courts under this Act.
Amends the United States Code to establish a new system of United States bankruptcy administrators within the bankruptcy court structure. Details the qualifications, restrictions, tenure and removal procedures for such administrators. Prohibits full-time bankruptcy administrators from engaging in the practice of law.
Directs the Director of the Administrative Office of United States courts to survey judicial districts to ascertain the need for bankruptcy administrators and to report such survey results to bankruptcy courts and judicial councils.
Establishes guidelines for compensation and the reimbursement of expenses for such administrators.
Delineates the powers and jurisdiction of bankruptcy administrators, including the conduct of evidentiary hearings. Permits any party to file written objections to an administrator's written recommendations and findings of fact. Authorizes bankruptcy administrators to conduct proceedings in jury or non-jury matters if the parties consent. Establishes procedures to appeal judgments of bankruptcy administrators and bankruptcy judges.
Directs the Federal Judicial Center to conduct training programs for bankruptcy administrators. Provides guidelines for the appointment of bankruptcy court personnel.
Grants courts of appeals jurisdiction over appeals from all final decisions of bankruptcy courts.
Grants bankruptcy courts original, exclusive jurisdiction of all cases under Title 11 (the bankruptcy code.) Grants such courts original, but not exclusive, jurisdiction of all civil proceedings arising under Title 11 or related cases. Authorizes such courts to abstain from hearing particular matters. Precludes review of such decisions. Vests bankruptcy courts with exclusive jurisdiction over a debtor's property once a case has begun.
Delineates venue requirements for cases and proceedings arising under title 11. Amends the U.S. Code to furnish guidelines for: (1) removal to bankruptcy courts of specified civil proceedings; (2) provisional remedies; and (3) jury trials. Confers upon bankruptcy courts the powers of equity, law and admiralty. Authorizes bankruptcy courts to issue writs of habeas corpus.
Provides for a transition period during which bankruptcy judges and bankruptcy courts will function. Sets a specified date for the transfer to bankruptcy courts of all cases and proceedings pending under either the Bankruptcy Act or Title 11.
Authorizes the Supreme Court to issue procedural rules for the transition of functions and records to the new bankruptcy court system.
Establishes the United States Bankruptcy Judge Nominating Commission to submit nominations to the President whenever vacancies occur on a bankruptcy court. Details the procedures to be followed by the Commission. Directs the President to select bankruptcy judges only from the Commission's recommended nominees.
Introduced in House
Introduced in House
Referred to House Committee on The Judiciary.
Referred to Subcommittee on Monopolies and Commercial Law.
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