A bill to amend title 28 of the United States Code regarding jurisdiction in bankruptcy proceedings, and for other purposes.
Bankruptcy Court Act of 1983 - Amends Federal law to establish procedures for the recall to district court of any case or proceeding under title 11 (the Bankruptcy Code) which is pending before the bankruptcy court. Grants the district courts discretion to determine the entire case so recalled, or to refer such case to either: (1) bankruptcy judges designated to serve as special masters; or (2) a United States magistrate.
Changes venue of Title ll cases or proceedings from bankruptcy court to district court. Provides that representatives of title 11 estates may commence proceedings for specified amounts only in the district court for the district in which the defendant resides.
Changes venue of cases ancillary to foreign proceedings from bankruptcy court to district court. Authorizes change of venue from one district court to another and allows district courts to cure or waive defects in venue. Authorizes district courts to order that specified issues be tried without a jury.
Confers upon bankruptcy judges in regular active service all jurisdiction and powers conferred upon United States magistrates. Authorizes the designation of bankruptcy judges to serve as United States magistrates.
Vests responsibility for the expeditious determination of title 11 cases and proceedings upon the chief judge of each district court.
Authorizes the judicial council of each circuit to issue orders regarding the powers of district and bankruptcy courts in cases or proceedings under Title ll.
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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