A bill to reorganize the court system for cases and proceedings under the bankruptcy laws, and for other purposes.
Bankruptcy Court Reorganization Act of 1983 - Title I: Court Organization - Directs the President to appoint, with the consent of the Senate, additional permanent circuit and district court judgeships according to prescribed formulae.
Amends the U.S. Code to establish a new judicial system of bankruptcy administrators to administer cases and civil proceedings arising under or related to Title ll - the bankruptcy code.
Charges each United States court of appeals (other than the U.S. Court of Appeals for the Federal Circuit) to appoint bankruptcy administrators for each judicial district within the circuit. Directs the Director of the Administrative Office of the United States Courts (the Director) to promulgate regulations regarding qualifications and selection of bankruptcy administrators. Sets five-year terms for bankruptcy administrators. Allows reappointments.
Allows assignment of bankruptcy administrators to neighboring judicial districts by either the U.S. court of appeals, or the circuit council. Mandates full-time service for such administrators and prohibits such administrators from holding any other office or employment under the United States. Specifies exceptions. Establishes guidelines for temporary service, recall of retirees, compensation and staff accommodations and expenses. Delineates powers and duties of bankruptcy administrators and prohibits them from determining any contested matters arising under Title ll. Declares such administrators serve as officers of the court and authorizes them to appoint standing trustees, subject to circuit council approval.
Details procedures to be followed under Title ll cases and proceedings. Mandates that proceedings and voluntary cases arising under Title ll be referred to a bankruptcy administrator. Entitles any party to file objections to such administrator's actions or proposals. Directs the Judicial Conference of the United States to issue regulations governing the processing of matters by bankruptcy administrators.
Confers original, exclusive jurisdiction upon the district courts of all bankruptcy cases. Confers original, but not exclusive jurisdiction, upon district courts of all proceedings arising under or related to Title ll. Specifies venue requirements for such cases and proceedings. Furnishes guidelines for: (1) the removal of bankruptcy cases to district court; (2) the scope of provisional remedies; and (3) the status of security given by a party to an action.
Title II: Administrative Provisions - Authorizes the Judicial Conference of the United States to: (1) expedite administration of of justice in specified Federal courts; and (2) supervise and direct the Director of the Administrative Office of the U.S. Courts.
Establishes pay and retirement guidelines for transition bankruptcy judges who are not appointed to the district court. Authorizes the recall of retired U.S. magistrates without regard for the qualifications normally imposed by the Code. Establishes compensation and retirement benefits for magistrates, district court judges, and other judicial personnel.
Title III: Technical and Conforming Amendments - Makes technical and conforming amendments to the United States Code regarding judges, magistrates, bankruptcy administrators and bankruptcy proceedings.
Title IV: Transition Provisions, Effective Dates, and Severability - Establishes a transition period during which bankruptcy judges and bankruptcy courts will continue to operate.
Sets a specific date for the transfer to bankruptcy administrators of all cases and proceedings pending under the Bankruptcy Act or Title ll. Authorizes the Attorney General to discontinue, during this transition period, any office of U.S. trustee, upon certification by the appropriate judicial council that the office is no longer necessary.
Directs circuit executives to furnish the Director with notice of all actions taken by the judicial councils under this Act.
Authorizes the Judicial Conference of the United States to issue regulations for the transfer of functions and records to the new bankruptcy administrators' system. Specifies conditions under which district court judges may terminate the transition period earlier than the statutory schedule.
Referred to Subcommittee on Monopolies and Commercial Law.
Introduced in Senate
Read twice and referred to the Committee on Judiciary.
Committee on Judiciary. Ordered reported an original bill (S.1013) in lieu of this measure.
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