A bill to reorganize the Federal court system for cases and proceedings under the bankruptcy laws, and for other purposes.
Bankruptcy Court and Federal Judgeship Act of 1983 - Title I: Bankruptcy Jurisdiction, and Procedure - Confers upon the district courts original and exclusive jurisdiction of all cases under title 11 (the bankruptcy code).
Confers original, but not exclusive, jurisdiction upon the district courts of all civil proceedings arising under title 11 or arising in or related to cases under title 11.
Authorizes district courts to refer all cases and civil proceedings arising under title 11 to the bankruptcy court for the district. Confers upon such bankruptcy court all jurisdiction granted the district courts for title 11 actions and proceedings.
Authorizes district courts to withdraw certain actions previously referred to bankruptcy courts.
Allows district courts to abstain from hearing a particular proceeding under title 11, and precludes appeals from such decisions.
Requires the district courts to abstain, upon proper motion, from adjudicating claims based upon State law where such claims will be timely instituted in an appropriate State forum.
Authorizes district courts to exercise jurisdiction over all the debtor's property, wherever located, and over the bankruptcy estate.
Sets venue guidelines for: (1) cases and proceedings under title 11; (2) cases to enjoin actions in a State or Federal court; and (3) actions to enjoin liens against property in such courts.
Delineates procedures for removal of bankruptcy cases by a party. Authorizes courts to remand cases which have been so removed, and precludes any appeal of a remand decision.
Designates bankruptcy courts for each judicial district. States that such courts shall constitute a department of the district court and be comprised of bankruptcy judges in regular active service.
Requires the United States court of appeals for a circuit to appoint the bankruptcy judges for each judicial district within such circuit. Sets forth provisions for: (1) official duty stations of bankruptcy judges; (2) removal procedures of such judges; (3) salaries ; (4) outside employment; (5) division of business; (6) appointment of chief bankruptcy judgeships; (7) temporary transfers of bankruptcy judges; and (8) court personnel.
Requires district courts to withdraw specified actions previously referred to the bankruptcy courts. Authorizes district courts to refer certain cases or proceedings to: (1) a bankruptcy court to serve as special master; (2) a United States magistrate; or (3) a bankruptcy judge who shall exercise all the powers of a United States magistrate.
Confers jurisdiction upon the district courts to hear appeals from bankruptcy court judgments and establishes appellate procedure.
Sets standards for bankruptcy judge salaries and terms of office.
Title II: Omnibus Judgeship - Enumerates additional permanent circuit and district judgeships for the States.
Establishes retirement guidelines for judges holding office during good behavior. Outlines retirement and resignation criteria for judges, including retirement pay and salary upon resignation.
Title III: Conforming Amendments - Makes technical and conforming amendments. Provides for annuities for certain bankruptcy judges. Provides criteria for filling vacant bankruptcy judgeships.
Introduced in House
Introduced in House
Referred to House Committee on The Judiciary.
Referred to Subcommittee on Monopolies and Commercial Law.
checking server…
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line