Bankruptcy Court Act of 1983

(Reported to House from the Committee on the Judiciary with amendment, H. Rept. 98-9)

Bankruptcy Court Act of 1983 - Provides for the appointment of U.S. bankruptcy judges under Article III of the Constitution. Provides for a transition period to the new bankruptcy court structure through September 30, 1985.

Establishes a court of record known as the U.S. Bankruptcy Court in each judicial district.

Directs the President to appoint bankruptcy judges with the advice and consent of the Senate.

States that judges shall hold office during good behavior.

Subjects judicial salaries to the Federal Salary Act of 1967. Establishes eligibility criteria for chief judgeships. Requires the clerk of court to continue all pending process, pleadings and proceedings while a bankruptcy judgeship remains vacant.

Provides for bankruptcy appellate panels within a district, if the circuit council for the district so orders.

Authorizes the Chief Justice of the United States to temporarily assign bankruptcy judges to different circuits upon presentation of certificates of necessity.

Authorizes chief circuit judges to temporarily assign a bankruptcy judge of a circuit to any district within the circuit.

Restricts bankruptcy judges (active or retired) to service in bankruptcy courts exclusively.

Includes bankruptcy judges in the Judicial Conference, on the judicial council of each circuit, and on the Board of the Federal Judicial Center.

Amends retirement benefits for bankruptcy transition judges and makes technical and conforming amendments.

Grants courts of appeals jurisdiction to hear appeals from all final decisions of bankruptcy courts and bankruptcy appellate panels, if the parties so agree.

Grants bankruptcy courts jurisdiction to issue writs of habeas corpus. Establishes temporary procedures during the transitional period, and grants U.S. district courts jurisdiction to hear appeals from bankruptcy court judgments during this period.

Grants bankruptcy courts original and exclusive jurisdiction of all cases arising under title ll. Confers original, but not exclusive, jurisdiction of all civil proceedings arising either under title ll, or related to cases under title ll.

Grants bankruptcy courts discretion to abstain from hearing particular proceedings arising under title ll. Precludes appeals from the exercise of such discretion.

Grants bankruptcy courts exclusive jurisdiction over the debtor's property once the case has begun. Allows removal of civil actions to the bankruptcy court for the district where such actions are pending. Confers upon bankruptcy courts the powers of a court of equity, law and admiralty.

Grants bankruptcy appellate panels jurisdiction to hear appeals from both interlocutory and final judgments of bankruptcy courts.

States the sense of the Congress that the President should consider for appointment to the bankruptcy court all qualified incumbent bankruptcy judges who hold office immediately preceding the date of the enactment of this Act. Directs the Attorney General of the United States to include such incumbents within his list of potential nominees for bankruptcy judges.