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Page:United States Statutes at Large Volume 92 Part 2.djvu/1359

 PUBLIC LAW 95-598—NOV. 6, 1978

92 STAT. 2639

§ 1142. Execution of plan (a) Notwithstanding any otherwise applicable nonbankruptcy law, rule, or regulation relating to financial condition, the debtor and any entity organized or to be organized for the purpose of carrying out the plan shall carry out the plan, and shall comply with any orders of the court. (b) The court may direct the debtor and any other necessary party to execute or deliver or to join in the execution or delivery of any instrument required to effect a transfer of propert;^ dealt with by confirmed plan, and to perform any other act, including the satisfaction of any lien, that is necessary for the consummation of the plan. § 1143. Distribution If a plan requires presentment or surrender of a security or the performance of any other act as a condition to participation in distribution under the plan, such action shall be taken not later than five years after the date of the entry of the order of confirmation. Any entity that has not within such time presented or surrendered such entity's security or taken any such other action that the plan requires may not participate in distribution under the plan. § 1144. Revocation of an order of confirmation On request of a party in interest at any time before 180 days after the date of the entry of the order of confirmation, and after notice and a hearing, the court may revoke such order if such order was procured by fraud. An order under this section revoking an order of confirmation shall— (1) contain such provisions as are necessary to protect any entity accoutring rights in good faith reliance on the order of confirmation; and (2) revoke the discharge of the debtor. § 1145. Exemption from securities laws (a) Except with respect to an entity that is an underwriter as defined in subsection (b) of this section, section 5 of the Securities Act of 1933 (15 U.S.C. 77e) and any State or local law requiring registration for offer or sale of a security or registration or licensing of an is«uer of, underwriter of, or broker or dealer in, a security does not applv to— (1) the offer or sale under a plan of a security of the debtor, of an affiliate participating in a joint plan with the debtor, or of a successor to the debtor under the plan— CA) in exchange for a claim against, an interest in, or a claim for an administrative expense in the case concerning, the debtor or such affiliate; or (B) principally in such exchange and partly for cash or property; (2) the offer of a security through any warrant, option, right to subscribe, or conversion privilege that was sold in the manner specified in paragraph (1) of this subsection, or the sale of a security upon the exercise of such a warrant, option, right, or privilege; (3)^ the offer or sale, other than under a plan, of a security of an issuer other than the debtor or an afiiliate, if— (A) such security was owned by the debtor on the date of the filing of the petition; (B) the issuer of such security is—

H USC 1142.

H USC 1143.

11 USC 1144.

H USC 1145.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1360

 92 STAT. 2640

PUBLIC LAW 95-598—NOV. 6, 1978

(i) required to file reports under section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m); and (ii) in compliance with all applicable requirements for the continuance of trading in such security on the date of such offer or sale; and (C) such offer or sale is of securities that do not exceed— (i) during the two-year period immediately following the date of the filing of the petition, four percent of the securities of such class outstanding on such date; and (ii) during any 180-day period following such twoyear period, one percent of the securities outstanding at the beginning of such 180-day period; or (4) a transaction by a stockholder in a security that is executed after a transaction of a kind specified in paragraph (1) or (2) of this subsection in such security and before the expiration of 40 days after the first date on which such security was bona fide offered to the public by the issuer or by or through an underwriter, if such stockbroker provides, at the time of or before such transaction by such stockholder, a disclosure statement approved under section 1125 of this title, and, if the court orders, information supplementing such disclosure statement. ' ' " (b)(1) Except as provided in paragraph (2) of this subsection, an entity is an underwriter under section 2(11) of the Securities Act of 1933 (15 U.S.C. 77b (11)), if such entity— (A) purchases a claim against, interest in, or claim for an administrative expense in the case concerning, the debtor, if such purchase is with a view to distribution of any security received or to be received in exchange for such a claim or interest; (B) offers to sell securities offered or sold under the plan for the holders of such securities; (C) offers to buy securities offered or sold under the plan for -:A4I D'i J: the holders of such securities, if such offer to buy is— (i) with a view to distribution of such securities; and (ii) under an agreement made in connection with the plan, with the consummation of the plan, or with the offer or sale of securities under the plan; or (D) is an issuer, as used in such section 2(11), with respect to such securities. (2) An entity is not an underwriter under section 2(11) of the Securities Act of 1933 or under paragraph (1) of this subsection with respect to an agreement that provides only for— (A)(i) the matching combination of fractional interests in securities offered or sold under the plan into whole interests; or (ii) the purchase or sale of such fractional interests among entities receiving such fractional interests under the plan; or (B) the purchase or sale for such entities of such fractional or whole interests as are necessary to adjust for any remaining fractional interests after such matching. (3) An entity other than an entity of the kind specified in paragraph (1) of this subsection is not an underwriter under section 2(11) of the Securities Act of 1933 with respect to any securities offered or sold to such entity in the manner specified in subsection (a)(1) of this section. (c) An offer or sale of securities of the kind and in the manner specified under subsection (a)(1) of this section is deemed to be a public offering. ^.,,, _ „.. ,...

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1361

 PUBLIC LAW 95-598—NOV. 6, 1978

92 STAT. 2641

(d) The Trust Indenture Act of 1939 (15 U.S.C. 77aaa et seq.) does not apply to a connuercial note issued under the plan that matures not later than one year after the effective date of the plan. § 1146. Special tax provisions 11 USC 1146. (a) For the purposes of any State or local law imposing a tax on or measured by income, the taxable period of a debtor that is an individual shall terminate on the date of the order for relief under this chapter, unless the case was converted under section 706 of this title. ^«fe. P- 2606. (b) The trustee shall make a State or local tax return of income for the estate of an individual debtor in a case under this chapter for each taxable period after the order for relief under this chapter during which the case is pending. (c) The issuance, transfer, or exchange of a security, or the making or delivery of an instrument of transfer under a plan confirmed under section 1129 of this title, may not be taxed under any State or local law imposing a stamp tax or similar tax. (d) The court may authorize the proponent of a plan to request a determination, limited to questions of law, by a State or local governmental unit charged with responsibility for collection or determination of a tax on or measured by income, of the tax effects, under section 346 of this title and under the law imposing such tax, of the Ante, p. 2565. plan. In the event of an actual controversy, the court may declare such effects after the earlier of— (1) the date on which such governmental unit responds to the request under this subsection; and (2) 270 days after such request. SUBCHAPTER IV—RAILROAD REORGANIZATION § 1161, Inapplicability of other sections Sections 341, 343, 1102(a)(1), 1104, 1105, 1107, 1129(a)(7), and 1129(c) of this title do not apply in a case concerning a railroad. § 1162. Definition In this subchapter, "Commission" means Interstate Commerce Commission.

11 USC 1161. Ante, pp.25M, 2565. 11 USC 1162.

§ 1163. Appointment of trustee 11 USC 1163. As soon as practicable after the order for relief, the Secretary of Transportation shall submit a list of five disinterested persons that are qualified and willing to serve as trustee in the case. The court shall appoint one of such persons to serve as trustee in the case. § 1164. Right to be heard 11 USC 1164. The Commission, the Department of Transportation, and any State or local commission having regulatory jurisdiction over the debtor may raise and may appear and be heard on any issue in a case under this chapter, but may not appeal from any judgment, order, or decree entered in the case. § 1165. Protection of the public interest 11 USC 1165. In applying sections 1166, 1167, 1169, 1170, 1171, 1172, 1173, and 1174 of this title, the court and the trustee shall consider the public interest in addition to the interests of the debtor, creditors, and equity securityholders.

39-194 O—80—pt 2

86: QL3

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1362

 92 STAT. 2642

PUBLIC LAW 95-598—NOV. 6, 1978

11 USC 1166.

§ 1166. Effect of Interstate Commerce Act and of Federal, State, or local regulations Except with respect to abandonment under section llTO of this title, or merger, modification of the financial structure of the debtor, or issuance or sale of securities under a plan, the trustee and the debtor are subject to the provisions of the Interstate Commerce Act (49 U.S.C. 1 et seq.) that are applicable to railroads, and the trustee is subject to orders of any Federal, State, or local regulatory body to the same extent as the debtor would be if a petition commencing the case under this chapter had not been filed, but— (1) any such order that would require the expenditure, or the incurring of an obligation for the expenditure, of money from the estate is not effective unless approved by the court; and (2) the provisions of this chapter are subject to section 601(b) of the Kegional Rail Reorganization Act of 1973 (45 U.S.C. 791(b)).

11 USC 1167. Ante, p. 2574.

§ 1167. Collective bargaining agreements Notwithstanding section 365 of this title, neither the court nor the trustee may change the wages or working conditions of employees of the debtor established by a collective bargaining agreement that is subject to the Railway Labor Act (45 U.S.C. 151 et seq.) except in accordance with section 6 of such Act (45 U.S.C. 156). § 1168. Rolling stock equipment (a) The right of a secured party with a purchase-money equipment security interest in, or of a lessor or conditional vendor of, whether as trustee or otherwise, rolling stock equipment or accessories used on such equipment, including superstructures and racks, that are subject to a purchase-money equipment security interest granted by, leased to, or conditionally sold to, the debtor to take possession of such equipment in compliance with the provisions of a purchase-money equipment security agreement, lease, or conditional sale contract, as the case may be, is not affected by section 362 or 363 of this title or by any power of the court to enjoin such taking of possession, unless— (1) before 60 days after the date of the commencement of a case under this chapter, the trustee, subject to the court's approval, agrees to perform all obligations of the debtor under such security agreement, lease, or conditional sale contract, as the case may be; and (2) any default, other than a default of a kind specified in section 365(b)(2) of this title, under such security agreement, lease, or conditional sale contract, as the case may be— (A) that occurred before such date and is an event of default therewith is cured before the expiration of such 60-day period; and (B) that occurs or becomes an event of default after such date is cured before the later of— (i) 30 days after the date of such default or event of default; and (ii) the expiration of such 60-day period. (b) The trustee and the secured party, lessor, or conditional vendor, as the case may be, whose right to take possession is protected under subsection (a) of this section, may agree, subject to the court's approval to extend the 60-day period specified in subsection (a)(1) of this section.

11 USC 1168.

Ante, pp. 2570, 2572.

Ante, p. 2574.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1363

 PIJBLIC LAW 95-598—NOV. 6, 1978

92 STAT. 2643

§ 1169. Effect of rejection of lease of railroad line (a) Except as provided in subsection (b) of this section, if a lease of a line of railroad under which the debtor is the lessee is rejected under section 366 of this title, and if the trustee, within such time as the court fixes, and with the court's approval, elects not to operate the leased line, the lessor under such lease, after such approval, shall operate the line. (b) If operation of such line by such lessor is impracticable or contrary to the public interest, the court, on request of such lessor, and after notice and a hearing, shall order the trustee to continue operation of such line for the account of such lessor until abandonment is ordered under section 1170 of this title, or until such operation is otherwise lawfully terminated, whichever occurs first. (c) During any such operation, such lessor is deemed a carrier subject to the provisions of the Interstate Commerce Act (49 U.S.C. 1 et seq.) that are applicable to railroads. § 1170. Abandonment of railroad line (a) The court, after notice and a hearing, may authorize the abandonment of a railroad line if such abandonment is— (1)(A) in the best interest of the estate; or (B) essential to the formulation of a plan; and (2) consistent with the public interest. (b) If, except for the pendency of the case under this chapter, such abandonment would require approval by the Commission under a law of the United States, the trustee shall initiate an appropriate application for such abandonment with the Commission. The court may fix a time within which the Commission shall report to the court on such application. (c) After the court receives the report of the Commission, or the expiration of the time fixed under subsection (b) of this section, whichever occurs first, the court may authorize such abandonment after notice to the Commission, the Secretary of Transportation, the trustee, any party in interest that has requested notice, any affected shipper or community, and any other entity prescribed by the court, and a hearing. (d)(1) Enforcement of an order authorizing such abandonment shall be stayed until the time for taking an appeal has expired, or, if an appeal is timely taken, until such order has become final. (2) If an order authorizing the abandonment of a railroad line is appealed, the court, on request of a party in interest, may authorize termination of service on a line or a portion of a line pending the determination of such appeal, after notice to the Commission, the Secretary of Transportation, the trustee, any party in interest that has requested notice, any affected shipper or community, and any other entity prescribed by the court, and a hearing. An appellant may not obtain a stay of the enforcement of an order authorizing such termination by the giving of a supersedeas bond or otherwise, during the pendency of such appeal. § 1171. Priority claims (a) There shall be paid as an administrative expense any claim of an individual or of the personal representative of a deceased individual against the debtor or the estate, for personal injury to or death of such individual arising out of the operation of the debtor or the estate, whether such claim arose before or after the commencement of the case. (b) Any unsecured claim against the debtor that would have been entitled to priority if a receiver in equity of the property of the debtor

H USC 1169. Ante, p. 2574.

Notice and hearing,

H USC 1170. Notice and hearing.

H USC 1171.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1364

 92 STAT. 2644

PUBLIC LAW 95-598—NOV. 6, 1978

had been appointed by a Federal court on the date of the order for relief under this title shall be entitled to such priority in the case under this chapter. 11 USC 1172. § 1172. Contents of plan (a) In addition to the provisions required or permitted under section 1123 of this title, a plan— (1) shall specify the extent to and the means by which the debtor's rail service is proposed to be continued, and the extent to which any of the debtor's rail service is proposed to be terminated; and (2) may include a provision for— ' (A) the transfer of any or all of the operating railroad lines of the debtor to another operating railroad; or (B) abandonment of any railroad line in accordance with section 1170 of this title. (b) If, except for the pendency of the case under this chapter, • transfer of, or operation of or over, any of the debtor's rail lines by an entity other than the debtor or a successor to the debtor under the plan would require approval by the Commission under a law of the United States, then a plan may not propose such a transfer or such operation unless the proponent of the plan initiates an appropriate application for such a transfer or such operation with the Commission and, within such time as the court may fix, not exceeding 180 days, the Commission, with or without a hearing, as the Commission may determine, and with or without modification or condition, approves such application, or does not act on such application. Any action or order of the Commission approving, modifying, conditioning, or disapproving such application is subject to review by the court only under sections 706(2)(A), 706(2)(B), 706(2)(C), and 706(2)(D) of title 5. 11 USC 1173. § 1173. Confirmation of plan (a) The court shall confirm a plan if— (1) the applicable requirements of section 1129 of this title have been met; (2) each creditor or equity security holder will receive or retain under the plan property of a value, as of the effective date of the plan, that is not less than the value of property that each such creditor or equity security holder would so receive or retain if all of the operating railroad lines of the debtor we^-e sold, and the proceeds of such sale, and the other property of the estate, Ante, p. 2603. were distributed under chapter 7 of this title on such date; (3) in light of the debtor's past earnings and the probable prospective earnings of the reorganized debtor, there will be adequate coverage by such prospective earnings of any fixed charges, such as interest on debt, amortization of funded debt, and rent for leased railroads, provided for by the plan; and (4) the plan is compatible with the public interest. (b) If the requirements of subsection (a) of this section are met with respect to more than one plan, the court shall confirm the plan that is most likely to maintain adequate rail service in the public interest. 11 USC 1174. § 1174. Liquidation Notice and On request of a party in interest and after notice and a hearing, hearing. the court may, or, if a plan has not been confirmed under section 1173 of this title before five years after the date of the order for relief, the court shall, order the trustee to cease the debtor's operation and to collect and reduce to money all of the property of the estate in the same manner as if the case were a case under chapter 7 of this title.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1365

 PUBLIC LAW 95-598—NOV. 6, 1978

92 STAT. 2645

CHAPTER 13—ADJUSTMENT OF DEBTS OF AN INDIVIDUAL WITH REGULAR INCOME SUBCHAPTER I—OFFICERS, ADMINISTRATION, AND THE ESTATE Sec.

1301. 1302. 1303. 1304. 1305. 1306. 1307.

Stay of action against codebtor. Trustee. Bights and powers of debtor. Debtor engaged in business. Filing and allowance of postpetition claims. Property of the estate. Conversion or dismissal.

i.

SUBCHAPTER II—THE PLAN 1321. 1322. 1323. 1324. 1325. 1326. 1327. 1328. 1329. 1330.

Filing of plan. Contents of plan. Modification of plan before confirmation. Confirmation hearing. Confirmation of plan. Payments. Effect of confirmation. Discharge. Modification of plan after confirmation. Bevocation of an order of confirmation.

.'

SUBCHAPTER I—OFFICERS, ADMINISTRATION, AND THE ESTATE §1301. Stay of action against codebtor (a) Except as provided in subsections (b) and (c) of this section, after the order for relief under this chapter, a creditor may not act, or commence or continue any civil action, to collect all or any part of a consumer debt of the debtor from any individual that is liable on such debt with the debtor, or that secured such debt, unless— (1) such individual became liable on or secured such debt in the ordinary course of such individual's business; or (2) the case is closed, dismissed, or converted to a case under chapter 7 or 11 of this title. (b) A creditor may present a negotiable instrument, and may give notice of dishonor of such an instrument. (c) On request of a party in interest and after notice and a hearing, the court shall grant relief from the stay provided by subsection (a) of this section with respect to a creditor, to the extent that— (1) as between the debtor and the individual protected under subsection (a) of this section, such individual received the consideration for the claim held by such creditor; (2) the plan filed by the debtor proposes not to pay such claim; or (3) such creditor's interest would be irreparably harmed by such stay. §1302. Trustee (a) If the court has appointed an individual under subsection (d) of this section to serve as standing trustee in cases under this chapter and if such individual qualifies under section 322 of this title, then such individual shall serve as trustee in the case. Otherwise, the court shall appoint a person to serve as trustee in the case. (b) The trustee shall— (1) perform the duties specified in sections 704(2), 704(3), 704(4), 704(5), 704(6), and 704(8) of this title;

H USC 1301.

^«*e, pp. 2603, 2625. Notice and hearing,

11 USC 1302. Ante, p. 2562.

Ante, f. 2605.

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PUBLIC LAW 95-598—NOV. 6, 1978

(2) appear and be heard at any hearing that concerns— (A) the value of property subject to a lien; (B) confirmation of a plan; or (C) modification of the plan after confirmation; and (3) advise, other than on legal matters, and assist the debtor in performance under the plan. (c) If the debtor is engaged in business, then in addition to the duties specified in subsection (b) of this section, the trustee shall perform the duties specified in sections 1106(a)(3) and 1106(a)(4) of this title. (d) If the number of cases under this chapter commenced in a particular judicial district so vs^arrant, the court may appoint one or more individuals to serve as standing trustee for such district in cases under this chapter. (e)(1) A court that has appointed an individual under subsection (d) of this section to serve as standing trustee in cases under this ^ chapter shall fix— (A) a maximum annual compensation for such individual, not to exceed the lowest annual rate of basic pay in effect for grade GS-16 of the General Schedule prescribed under section 5332 of title 5; and (B) a percentage fee, not to exceed ten percent, based on such maximum annual compensation and the actual, necessary expenses incurred by such individual as standing trustee. (2) Such individual shall collect such percentage fee from all payments under plans in the cases under this chapter for which such individual serves as standing trustee. Such individual shall pay annually to the Treasury— _ (A) any amount by which the actual compensation of such individual exceeds five percent upon all payments under plans in cases under this chapter for which such individual serves as standing trustee; and (B) any amount by which the percentage fee fixed under paragraph (1)(B) of this subsection for all such cases exceeds— (i) such individual's actual compensation for such cases, \v as adjusted under subparagraph (A) of this paragraph; plus (ii) the actual, necessary expenses incurred by such individual as standing trustee in such cases. 11 USC 1303. § 1303. Rights and powers of debtor Subject to any limitations on a trustee under this chapter, the debtor shall have, exclusive of the trustee, the rights and powers of a trustee Ante, p. 2572. under sections 363(b), 363(d), 363(e), 363(f), and 363(1), of this title. 11 USC 1304. § 1304. Debtor engaged in business (a) A debtor that is self-employed and incurs trade credit in the production of income from such employment is engaged in business. (b) Unless the court orders otherwise, a debtor engaged in business may operate the business of the debtor, and, subject to any limitations Ante, pp. 2572, on a trustee under sections 363(c) and 364 of this title and to such 2574. limitations or conditions as the court prescribes, shall have, exclusive of the trustee, the rights and powers of the trustee under such sections. (c) A debtor engaged in business shall perform the duties of the .Ante, p. 2605. trustee specified in section 704(7) of this title.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1367

 PUBLIC LAW 95-598—NOV. 6, 1978

92 STAT. 2647

§ 1305. Filing and allowance of postpetition claims (a) A proof of claim may be filed by any entity that holds a claim against the debtor— (1) for taxes that become payable to a governmental unit while the case is pending; or (2) that is a consumer debt, that arises after the date of the order for relief under this chapter, and that is for property or services necessary for the debtor's performance under the plan. (b) Except as provided in subsection (c) of this section, a claim filed under subsection (a) of this section shall be allowed or disallowed under section 502 of this title, but shall be determined as of the date such claim arises, and shall be allowed under section 502(a), 502(b), or 502(c) of this title, or disallowed under section 502(d) or 502(e) of this title, the same as if such claim had arisen before the date of the filing of the petition. (c) A claim filed under subsection (a)(2) of this section shall be disallowed if the holder of such claim knew or should have known that prior approval by the trustee of the debtor's incurring the obligation was practicable and was not obtained. § 1306. Property of the estate (a) Property of the estate includes, in addition to the property specified in section 541 of this title— (1) all property of the kind specified in such section that the debtor acquires after the commencement of the case but before the case is closed, dismissed, or converted to a case under chapter 7 or 11 of this title, whichever occurs first; and (2) earnings from services performed by the debtor after the commencement of the case but before the case is closed, dismissed, or converted to a case under chapter 7 or 11 of this title, whichever occurs first. (b) Except as provided in a confirmed plan or order confirming a plan, the debtor shall remain in possession of all property of the estate. § 1307. Conversion or dismissal (a) The debtor may convert a case under this chapter to a case under chapter 7 of this title at any time. Any waiver of the right to convert under this subsection is unenforceable. (b) On request of the debtor at any time if the case has not been converted under section 706 or 1112 of this title, the court shall dismiss a case under this chapter. Any waiver of the right to dismiss under this subsection is unenforceable. (c) Except as provided in subsection (e) of this section, on request of a party in interest and after notice and a hearing, the court may convert a case under this chapter to a case under chapter 7 of this title, or may dismiss a case under this chapter, whichever is in the best interests of creditors and the estate, for cause, including— (1) unreasonable delay by the debtor that is prejudicial to creditors; (2) nonpayment of any fees and charges required under chapter 123 of title 28; (3) failure to file a plan timely under section 1321 of this title; (4) denial of confirmation of a plan under section 1325 of this title and denial of additional time for filing another plan or a modification of a plan; (5) material default by the debtor with respect to a term of a confirmed plan;

H USC 1305.

Ante, p. 2579.

H USC 1306. ^»*e, p. 2594.

^«^e, pp. 2603, 2625.

11 USC 1307,

Ante, p. 2606. Notice and hearing,

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1368

 92 STAT. 2648

Ante, p. 2625. Ante, p. 2603.

PUBLIC LAW 95-598—NOV. 6, 1978 (6) revocation of the order of confirmation under section 1330 . of this title, and denial of confirmation of a modified plan under section 1329 of this title; and (7) termination of a confirmed plan by reason of the occurrence of a condition specified in the plan. (d) Except as provided in subsection (e) of this section, at any time before the confirmation of a plan under section 1325 of this title, on request of a party in interest and after notice and a hearing, the court may convert a case under this chapter to a case under chapter 11 of this title. (e) The court may not convert a case under this chapter to a case under chapter 7 or 11 of this title if the debtor is a farmer, unless the debtor requests such conversion. (f) Notwithstanding any other provision of this section, a case may not be converted to a case under another chapter of this title unless the debtor may be a debtor under such chapter. SUBCHAPTER II—THE PLAN

11 USC 1321. 11 USC 1322.

Ante, p. 2583.

Default.

Ante, p. 2574.

§ 1321. Filing of plan The debtor shall file a plan. § 1322. Contents of plan (a) The plan shall— (1) provide for the submission of all or such portion of future earnings or other future income of the debtor to the supervision and control of the trustee as is necessary for the execution of the plan; (2) provide for the full payment, in deferred cash payments of all claims entitled to priority under section 507 of this title, unless the holder of a particular claim agrees to a different treatment of such claim; and (3) if the plan classifies claims, provide the same treatment for each claim within a particular class. (b) Subject to subsections (a) and (c) of this section, the plan may— (1) designate a class or classes of unsecured claims, as provided in section 1122^ of this title, but may not discriminate unfairly against any class so designated; (2) modify the rights of holders of secured claims, other than a claim secured only by a security interest in real property that is the debtor's principal residence, or of holders of unsecured claims; (3) provide for the curing or waiving of any default; (4) provide for payments on any unsecured claim to be made concurrently with payments on any secured claim or any unsecured claim; (5) notwithstanding paragraph (2) of this subsection, provide for the curing of any default within a reasonable time and maintenance of payments while the case is pending on any unsecured claim or secured claim on which the last payment is due after the date on which the final payment under the plan is due; (6) provide for the payment of all or any part of any claim allowed under section 1305 of this title; (7) provide for the assumption or rejection of any executory contract or unexpired lease of the debtor not previously rejected under section 365 of this title;

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1369

 PUBLIC LAW 95-598—NOV. 6, 1978

92 STAT. 26^19

(8) provide for the payment of all or any part of a claim against the debtor from property of the estate or property of the debtor; (9) provide for the vesting of property of the estate, on confirmation of the plan or at a later time, in the debtor or in any other entity; and (10) include any other appropriate provision not inconsistent with this title. (c) The plan may not provide for payments over a period that is longer than three years, unless the court, for cause, approves a longer period, but the court may not approve a period that is longer than five years. § 1323. Modification of plan before confirmation (a) The debtor may modify the plan at any time before confirmation, but may not modify the plan so that the plan as modified fails to meet the requirements of section 1322 of this title. (b) After the debtor files a modification under this section, the plan as modified becomes the plan. (c) Any holder of a secured claim that has accepted or rejected the plan is deemed to have accepted or rejected, as the case may be, the plan as modified, unless the modification provides for a change in the rights of such holder from what such rights were under the plan before modification, and such holder changes such holder's previous acceptance or rejection. § 1324. Confirmation hearing After notice, the court shall hold a hearing on the confirmation of the plan. A party in interest may object to the confirmation of the plan. § 1325. Confirmation of plan (a) The court shall confirm a plan if— (1) the plan complies with the provisions of this chapter and with other applicable provisions of this title; (2) any fee, charge, or amount required under chapter 123 of title 28, or by the plan, to be paid before confirmation, has been paid; (3) the plan has been proposed in good faith and not by any means forbidden by law; (4) the value, as of the effective date of the plan, of property to be distributed under the plan on account of each allowed unsecured claim is not less than the amount that would be paid on such claim if the estate of the debtor were liquidated under chapter 7 of this title on such date; (5) with respect to each allowed secured claim provided for by the plan— (A.) the holder of such claim has accepted the plan; (B)(i) the plan provides that the holder of such claim retain the lien securing such claim; and (ii) the value, as of the effective date of the plan, of property to be distributed under the plan on account of such claim is not less than the allowed amount of such claim; or (C) the debtor surrenders the property securing such claim to such holder; and (6) the debtor will be able to make all payments under the plan and to comply with the plan.

H USC 1323. >,:

H USC 1324.

H USC 1325.

28 USC 1911 at

Ante, p. 2603.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1370

 92 STAT. 2650

11 USC 1326. Ante, p. 2583.

11 USC 1327.

-

'

11 USC 1328.

Ante, p. 2579. Ante, p. 2590. Notice and hearing.

Anu, p. 2603.

PUBLIC LAW 95-598—NOV. 6, 1978

(b) After confirmation of a plan, the court may order any entity from whom the debtor receives income to pay all or any part of such income to the trustee. § 1326. Payments (a) Before or at the time of each payment to creditors under the plan, there shall be paid— (1) any unpaid claim of the kind specified in section 507(a)(1) of this title; and (2) if a standing trustee appointed under section 1302(d) is serving in the case, the percentage fee fixed for such standing trustee under section 1302(e) of this title. (b) Except as otherwise provided in the plan or in the order confirming the plan, the trustee shall make payments to creditors under the plan. § 1327. Effect of confirmation (a) The provisions of a confirmed plan bind the debtor and each creditor, whether or not the claim of such creditor is provided for by the plan, and whether or not such creditor has objected to, has accepted, or has rejected the plan. (b) Except as otherwise provided in the plan or the order confirming the plan, the confirmation of a plan vests all of the property of the estate in the debtor. (c) Except as otherwise provided in the plan or in the order confirming the plan, the property vesting in the debtor under subsection (b) of this section is free and clear of any claim or interest of any creditor provided for by the plan. § 1328. Discharge (a) As soon as practicable after completion by the debtor of all payments under the plan, unless the court approves a written waiver of discharge executed by the debtor after the order for relief under this chapter, the court shall grant the debtor a discharge of all debts provided for by the plan or disallowed under section 502 of this title, except any debt— (1) provided for under section 1322(b)(5) of this title; or (2) of the kind specified in section 523(a)(5) of this title. (b) At any time after the confirmation of the plan and after notice ^nd a hearing, the court may grant a discharge to a debtor that has not completed payments under the plan only if— (1) the debtor's failure to complete such payments is due to circumstances for which the debtor should not justly be held accountable; (2) the value, as of the effective date of the plan, of property actually distributed under the plan on account of each allowed unsecured claim is not less than the amount that would have been paid on such claim if the estate of the debtor had been liquidated under chapter 7 of this title on such date; and (3) modification of the plan under section 1329 of this title is not practicable. (c) A discharge granted under subsection (b) of this section discharges the debtor from all unsecured debts provided for by the plan or disallowed under section 502 of this title, except any debt— (1 ^ provided for under section 1322(b)(5) of this title; or (2) of a kind specified in section 523(a) of this title.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1371

 PUBLIC LAW 95-598—NOV. 6, 1978

92 STAT. 2651

(d) Notwithstanding any other provision of this section, a discharge granted under this section does not discharge the debtor from smj debt based on an allowed claim filed under section 1305(a)(2) of this title if prior approval by the trustee of the debtor's incurring such debt was practicable and was not obtained. (e) On request of a party in interest before one year after a Notice and discharge under this section is granted, and after notice and a hearing, hearing. the court may revoke such discharge only if— (1) such discharge was obtained through fraud; and (2) knowledge of such fraud came to the requesting party after such discharge was granted. § 1329. Modification of plan after confirmation 11 USC 1329. (a) At any time after confirmation but before the completion of payments under a plan, the plan may be modified to— (1) increase or reduce the amount of payments on claims of a. particular class provided for by the plan; (2) extend or reduce the time for such payments; or (3) alter the amount of the distribution to a creditor whose claim is provided for by the plan, to the extent necessary to take account of any payment of such claim other than under the plan. (b)(1) Sections 1322(a), 1322(b), and 1323(c) of this title and the requirements of section 1325(a) of this title apply to any modification under subsection (a) of this section. (2) The plan as modified becomes the plan unless, after notice and Notice and hearing. a hearing, such modification is disapproved. (c) A plan modified under this section may not provide for payments over a period that expires after three years after the time that the first payment under the original confirmed plan was due, unless the court, for cause, approves a longer period, but the court may not approve a period that expires after five years after such time. §1330. Revocation of an order of confirmation 11 USC 1330. (a) On request of a party in interest at any time within 180 days Notice and after the date of the entry of an order of confirmation under section hearing. 1325 of this title, and after notice and a hearing, the court may revoke such order if such order was procured by fraud. (b) If the court revokes an order of confirmation under subsection (a) of this section, the court shall dispose of the case under section 1307 of this title, unless, within the time fixed by the court, the debtor proposes and the court confirms a modification of the plan under section 1329 of this title.

CHAPTER 15—UNITED STATES TRUSTEES Sec.

1501. Applicability of this chapter. SUBCHAPTER I- -GENERAL PROVISIONS 15101. Definitions. 15102. Rule of construction. 15103. Applicability of subchapters and sections. SUBCHAPTER III—CASE ADMINISTRATION 15803. 15321. 15322. 15324. 15326. 15330. 15343. 15345.

Involuntary cases. Eligibility to serve as trustee. Qualification of trustee. Removal of trustee. Limitation on compensation of trustee. Compensation of ofiScers. Examination of debtor. Money of estates.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1372

 PUBLIC LAW 95-598—NOV. 6, 1978

92 STAT. 2652

SUBCHAPTER VII—LIQUIDATION Sec.

15701. 15703. 15704. 15727.

Interim trustee. Successor trustee. Duties of trustee. Discharge. SUBCHAPTER XI—REORGANIZATION

151102. 151104. 151105. 151163.

11 USC 1501.

Creditors' and equity security holders' committees. Appointment of trustee or examiner. Termination of trustee's appointment. Appointment of trustee.

SUBCHAPTER XIII- -ADJUSTMENT OF DEBTS OF AN INDIVIDUAL WITH REGULAR INCOME 151302. Trustee. 151326. Payments. § 1501. Applicability of chapter This chapter applies only in cases under this title pending in the following districts: (1) District of Maine, District of New Hampshire, District of Massachusetts, and District of Rhode Island. (2) Southern District of New York. (3) District of Delaware and District of New Jersey. (4) Eastern District of Virginia and District of District of Columbia. (5) Northern District of Alabama. (6) Northern District of Texas. (7) Northern District of Illinois. (8) District of Minnesota, District of North Dakota, and District of South Dakota. (9) Central District of California. (10) District of Colorado and District of Kansas. SUBCHAPTER I—GENERAL PROVISIONS

11 USC 15101.

11 USC 15102.

§15101. Definitions I n this title— (1) "entity" includes United States trustee; and (2) "governmental u n i t " does not include United States trustee while serving as a trustee in a case under this title.

§ 15102. Rule of construction I n this title, a reference to a section that is made inapplicable under section 15103(f) of this chapter refers to the section of t h i s chapter that replaces such inapplicable section. 11 USC 15103. § 15103. Applicability of subchapters and sections (a) Subchapters I and III of this chapter apply in a case under Ante, pp. 2603, chapter 7, 11, or 13 of this title, except that section 15343 of this title 2625. does not apply in a case concerning a railroad. (b) Subchapter VII of this chapter applies only in a case under chapter 7 of this title. (c) Subchapter X I of this chapter applies only in a case under chapter 11 of this title that does not concern a railroad. (d) Section 151163 of this title applies only in a case concerning a railroad. (e) Subchapter X III of this chapter applies only in a case under chapter 13 of this title.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1373

 PUBLIC LAW 95-598—NOV. 6, 1978 (f) Sections 303(g), 322(b), 324, 326(b), 343, 345(b), 701(a), 703(b), 703(c), 704(8), 727(c), 727(d), 727(e), 1102(a), 1104, 1105, 1163, 1302(a), 1302(d), 1302(e), and 1326(a) of this title do not apply in a case under this title. SUBCHAPTER III—CASE ADMINISTRATION §15303. Involuntary cases A t any time after the commencement of an involuntary case under chapter 7 of this title but before an order for relief in the case, the court, on request of a party in interest, after notice to the debtor and a hearing, and if necessary to preserve the property of the estate or to prevent loss to the estate, may order the United States trustee to appoint an interim trustee under section 15701 of this title to take possession of the property of the estate and to operate any business of the debtor. Before an order for relief, the debtor may regain possession of property in the possession of a trustee ordered appointed under this subsection if the debtor files such bond as the court requires, conditioned on the debtor's accounting for and delivering to the trustee if there is an order for relief in the case, such property, or the value, as of the date the debtor regains possession, of such property. § 15321. Eligibility to serve as trustee The United States trustee for the judicial district in which the case is pending is eligible to serve as trustee in the case. §15322. Qualification of trustee (a) A United States trustee qualifies whenever such trustee serves in a case under this title. (b) The United States trustee shall determine— (1) the amount of a bond filed under section 322(a)(2); and (2) the sufficiency of the surety on such bond. § 15324. Removal of trustee or examiner The court, after notice and a hearing, may remove a trustee other than the United States trustee, or an examiner, for cause. § 15326. Limitation on compensation of trustee I n a case under chapter 13 of this title, the court may not allow compensation for services or reimbursement of expenses of the United States trustee or of a standing trustee appointed under section 586(b) of title 28, but may allow reasonable compensation under section 330 of this title of a trustee appointed under section 1302(a) of this title for the trustee'services, payable after the trustee renders such services, not to exceed five percent upon all payments under the plan. § 15330. Compensation of officers In a case in which the United States trustee serves as trustee, the compensation of the trustee under section 330 of this title shall be paid to the clerk of the bankruptcy court, and by the clerk, into the Treasury. § 15343. Examination of the debtor The debtor shall appear and submit to examination under oath at the meeting of creditors under section 341(a) of this title. Creditors, any indenture trustee, any trustee or examiner in the case, or the United States trustee may examine the debtor.

92 STAT. 2653 Ante, pp. 2559, 2562, 2565, 2604, 2605, 2609, 2626-2628, 2641. 11 USC 15303. Notice and hearing. Ante, p. 2603.

11 USC 15321.

11 USC 15322.

Ante, p. 2562. 11 USC 15324. Notice and hearing. 11 USC 15326.

Post, p. 2663. Ante, p. 2564.

11 USC 15330.

11 USC 15343. Ante, p. 2564.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1374

 92 STAT. 2654 11 USC 15345.

PUBLIC LAW 95-598—NOV. 6, 1978 § 15345. Money of estates (a) Except with respect to a deposit or investment that is insured or guaranteed by the United States or by a department, agency, or instrumentality of the United States or backed by the full faith and credit of the United States, the trustee shall require from an entity with which such money is deposited or invested— (1) a bond— (A) in favor of the United States; (B) secured by the undertaking of a corporate surety approved by the United States trustee for the district in which the case is pending; and (C) conditioned on— (i) a proper accounting for all money so deposited or invested and for any return on such money; (ii) prompt repayment of such money and return; and (iii) faithful performance of duties as a depository; or (2) the deposit of securities of the kind specified in section 15 of title 6. (b) The United States trustee may aggregate money of estates for which such United States trustee serves as trustee for deposit or investment under this section, in order to increase the return on such money, taking into account the safety of such deposit or investment. The United States trustee shall maintain complete records identifying separately the money of each estate included in such an aggregation. Any return on any such deposit or investment shall be paid by the United States trustee into the Treasury. SUBCHAPTER VII—LIQUIDATION

11 USC 15701. Ante, p. 2603.

§ 15701. Interim trustee (a) Promptly after the order for relief under chapter 7 of this title, the United States trustee shall appoint one disinterested person that is a member of the panel of private trustee established under section 586(a)(1) of title 28 or that was serving as trustee in the case immediately before the order for relief under this chapter to serve ^ i as interim trustee in the case. (b) If none of such persons is willing to serve as interim trustee in the case, then the United States trustee shall serve as interim trustee in the case. 11 USC 15703. § 15703. Successor trustee Ante, p. 2605. (a) Pending election of a trustee under section 703(a) of this title, if necessary to preserve or prevent loss to the estate, the United States trustee may appoint an interim trustee in the manner specified in secAnte, p. 2604. tion 15701(a) of this title. Section 701(b) and 701(c) of this title apply to such interim trustee. (b) If creditors do not elect a successor trustee under section 703(a) of this title, or if a trustee is needed in a case reopened under section Ante, p. 2569. 350 of this title, then the United States truste shall serve, or shall appoint one disinterested person that is a member of the panel of Po5^ p. 2663. private trustees established under section 586(a)(1) of title 28 to serve, as trustee in the case.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1375

 PUBLIC LAW 95-598—NOV. 6, 1978

92 STAT. 2655

§ 15704. Duties of trustee 11 USC 15704,. The trustee shall make a final report and file a final account of the administration of the estate with the court and with the United States trustee. §15727. Discharge 11 USC 15727. (a)(1) The trustee, a creditor, or the United States trustee may object to discharge under section 727(a) of this title. (2) On request of a party in interest, the court may order the United States trustee to examine the acts and conduct of the debtor to determine whether a ground exists for denial of discharge. (b) On request of the trustee, a creditor, or the United States trustee, and after notice and a hearing, the court shall revoke a discharge granted under section 727(a) of this title if— Ante, p. 2609. (1) such discharge was obtained through the fraud of the debtor, and the requesting party did not know of such fraud until after the granting of such discharge; (2) the debtor acquired property that is property of the estate, or became entitled to acquire property that would be property of the estate, and knowingly and fraudulently failed to report the acquisition of, or entitlement to, such property, or to deliver or surrender such propert^r to the trustee; or (3) the debtor committed an act specified in section 727(a)(6) of this title. (c) The trustee, a creditor, or the United States trustee may request a revocation of a discharge— (1) under section 727(d)(1) of this title within one year after such discharge was granted; or (2) under section 727(d)(2) or 727(d)(3) of this title before the later of— (A) one year after the granting of such discharge; and (B) the date the case is closed. SUBCHAPTER XI—REORGANIZATION § 151102. Creditors' and equity security holders' committees (a) As soon as practicable after the order for relief under chapter 11 of this title, the United States trustee shall appoint a committee of creditors holding unsecured claims. (b) On request of a party in interest of the court may order the appointment of additional committees of creditors or of equity security holders if necessary to assure adequate representation of creditors or of equity security holders. The United States trustee shall appoint any such committee. § 151104. Appointment of trustee or examiner (a) At any time after the commencement of the case but before confirmation of a plan, on request of a party in interest or the United States trustee, and after notice and a hearing, the court shall order the appointment of a trustee— (1) for cause, including fraud, dishonesty, incompetence, or gross mismanagement of the affairs of the debtor by current management, either before or after the commencement of the case, or similar cause, but not including the number of holders of securities of the debtor or the amount of assets or liabilities of the debtor; or

11 USC 151102. Ante, p. 2625

11 USC 151104. Notice and hearing.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1376

 92 STAT. 2656

PUBLIC LAW 95-598—NOV. 6, 1978

(2) if such appointment is in the interests of creditors, any equity security holders, and other interests of the estate, without regard to the number of holders of securities of the debtor or the amount of assets or liabilities of the debtor. (b) If the court does not order the appointment of a trustee under this section, then at any time before the confirmation of a plan, on request of a party in interest or the United States trustee, and after notice and a hearing, the court shall order the appointment of an examiner to conduct such an investigation of the debtor as is appropriate, including an investigation of any allegations of fraud, dishonesty, incompetence, misconduct, mismanagement, or iregularity in the management of the affairs of the debtor of or by current or former management of the debtor, if— (1) such appointment is in the best interest of creditors, any equity security holders, and other interests of the estate; or (2) the debtor's fixed, liquidated, unsecured debts, other than debts for goods, services, or taxes, or owing to an insider, exceed $5,000,000. (c) If the court orders the appointment of a trustee or an examiner, if a trustee or an examiner dies or resigns during the case or is removed Ante, p. 2562. under section 324 of this title, or if a trustee fails to qualify under Ante, p. 2562. section 322 of this title, then the United States trustee, after consultation with parties in interest, shall appoint, subject to the court's approval, one disinterested person other than the United States trustee to serve as trustee or examiner, as the case may be, in the case. 11 USC 151105. § 151105. Termination of trustee's appointment Notice and At any time before confirmation of a plan, on request of a party in hearing. interest or the United States trustee, and after notice and a hearing, the court may terminate the trustee's appointment and restore the debtor to possession and management of the property of the estate, and operation of the debtor's business. 11 USC 151163. § 151163. Appointment of trustee As soon as practicable after the order for relief the Secretary of Transportation shall submit a list of five disinterested persons that are qualified and willing to serve as trustee in the case. The United States trustee shall appoint one of such persons to serve as trustee in the case. SUBCHAPTER XIII—ADJUSTMENT OF DEBTS OF AN INDIVIDUAL W I T H REGULAR INCOME 11 USC 151302. § 151302. Trustee (a) If the United States trustee has appointed an individual under Post, p. 2663. section 586(b) of title 28 to serve as standing trustee in cases under chapter 13 of this title and if such individual qualifies under section 322 of this title, then such individual shall serve as trustee in the case. The United States trustee shall serve as trustee in the case otherwise. (b) The trustee shall— (1) perform the duties specified in sections 704(2), 704(3), Ante, p. 2605. 704 (4), 704 (5), 704(6), and 704(8) of this title; (2) appear and be heard at any hearing that concerns— (A) the value of property subject to a lien; (B) confirmation of a plan; or (C) modification of the plan after confirmation; and (3) advise, other than on legal matters, and assist the debtor in performance under the plan.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1377

 PUBLIC LAW 95-598—NOV. 6, 1978

92 STAT. 2657

§ 151326. Payments 11 USC 151326. Before or at the time of each payment to creditors under the plan, there shall be paid— (1) any unpaid claim of the kind specified in section 507(a)(1) Ante, p. 2583. of this title; and (2) if a standing trustee appointed under section 586(b) of title Post, p. 2663. 28 is serving in the case, the percentage fee fixed for such standing trustee under section 586(e)(1)(B) of title 28.

TITLE II—AMENDMENTS TO TITLE 28 OF THE UNITED STATES CODE AND TO THE FEDERAL RULES OF EVIDENCE SEC. 201. (a) Title 28 of the United States Code is amended by inserting immediately after chapter 5 the following:

"CHAPTER 6—BANKRUPTCY COURTS "Sec. "151. "152. "153. "154. "155. "156. "157. "158. "159. "160.

Creation and composition of bankruptcy courts. Appointment of bankruptcy judges. Tenure and residence of bankruptcy judges. Salaries of bankruptcy judges. Chief judge; precedence of bankruptcy judges. Division of business among bankruptcy judges. Times of holding court. Accommodations at places for holding court. Vacant judgeship as affecting proceedings. Appellate panels.

•

"§ 151. Creation and composition of bankruptcy courts 28 USC 151. "(a) There shall be in each judicial district, as an adjunct to the district court for such district, a bankruptcy court which shall be a court of record known as the United States Bankruptcy Court for the district. "(b) Each bankruptcy court shall consist of the bankruptcy judge or judges for the district in regular active service. Justices or judges designated and assigned shall be competent to sit as judges of the bankruptcy court. "(c) Except as otherwise provided by law, or rule or order of court, the judicial power of a bankruptcy court with respect to any action, suit or proceeding may be exercised by a single bankruptcy judge, who may preside alone and hold a regular or special session of court at the same time other sessions are held by other bankruptcy judges. "§ 152. Appointment of bankruptcy judges 28 USC 152. "The President shall appoint, by and with the advice and consent of the Senate, bankruptcy judges for the several judicial districts. In each instance, the President shall give due consideration to the recommended nominee or nominees of the Judicial Council of the Circuit within which an appointment is to be made. "§ 153. Tenure and residence of bankruptcy judges 28 USC 153. "(a) Each bankruptcy judge shall hold office for a term of 14 years, but may continue to perform the duties of his office until his successor takes office, unless such office has been eliminated. "(b) Removal of a bankruptcy judge during the term for which he is appointed shall be only for incompetency, misconduct, neglect of duty, or physical or mental disability. Removal shall be by the judi39-194 O—80—pt. 2

87: QL3

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1378

 92 STAT. 2658

28 USC 154.

28 USC 461. 28 USC 155.

PUBLIC LAW 95-598—NOV. 6, 1978 cial council of the circuit or circuits in which the bankruptcy judge serves, but removal may not occur unless a majority of all the judges of such circuit council or councils concur in the order of removal. Before any order of removal may be entered, a full specification of the charges shall be furnished to the bankruptcy judge, and he shall be accorded an opportunity to be heard on the charges. Any cause for removal of any bankruptcy judge coming to the knowledge of the Director of the Administrative Office of the United States Courts shall be reported by him to the chief judge of the circuit or circuits in which he serves, and a copy of the report shall at the same time be transmitted to the circuit council or councils and to the bankruptcy judge. "(c) Each bankruptcy judge shall reside in the district or one of the districts for which he is appointed, or within 20 miles of his official station. "(d) If the public interest and the nature of the business of a bankruptcy court require that a bankruptcy judge should maintain his abode at or near a particular part of the district the judicial council of the circuit may so declare and may make an appropriate order. If the bankruptcy judges of such a district are unable to agree as to which of them shall maintain his abode at or near the place or within the area specified in such an order the judicial council of the circuit may decide which of them shall do so. "§ 154. Salaries of bankruptcy judges "Each judge of a bankruptcy court shall receive a salary at an annual rate of $50,000, subject to adjustment under section 225 of the Federal Salary Act of 1967 (2 U.'S.C. 351-361), and section 461 of this title. «'§ 155. Chief judge; precedence of bankruptcy judges "(a) In each district having more than one judge the bankruptcy judge in regular active service who is senior in commission and under seventy years of age shall be the chief judge of the bankruptcy court. If all the bankruptcy judges in regular active service are 70 years of age or older the youngest shall act as chief judge until a judge has been appointed and qualified who is under 70 years of age, but a judge may not act as chief judge until he has served as a bankruptcy judge for one year. "(b) The chief judge shall have precedence and preside at any session which he attends. "Other bankruptcy judges shall have precedence and preside according to the seniority of their commissions. Judges whose commissions bear the same date shall have precedence according to seniority in "(c) A judge whose commission extends over more than one district shall be jimior to all bankruptcy judges except in the district in which he resided at the time he entered upon the duties of his office. "(d) If the chief jud^e desires to be relieved of his duties as chief judge while retaining his active status as a bankruptcy judge, he may so certify to the chief judge of the court of appeals for the circuit in which the bankruptcy judge serves, and thereafter the bankruptcy judge in active service next in precedence and willing to serve shall be designated by the chief judge of the court of appeals as the chief judge of the bankruptcy court. "(e) If a chief judge is temporarily unable to perform his duties as such, they shall be performed by the bankruptcy judge in active service, present in the district and able and qualified to act, who is next in precedence.

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Page:Hockey, Canada's Royal Winter Game.djvu/15

 possible of the championship of Canada. This was done by allowing to any team that would win the championship of its respective league (recognized as such by the trustees), the privilege of challenging the holders of the cup.

The following is a record of the competitions that have taken place for the possession of the trophy:—


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Page:United States Statutes at Large Volume 92 Part 2.djvu/1379

 PUBLIC LAW 95-598—NOV. 6, 1978 "(f) Service as a referee in bankruptcy or as a bankruptcy judge under the Bankruptcy Act shall be taken into account in the determination of seniority of commission under this section. "§ 156. Division of business among bankruptcy judges "The business of a bankruptcy court having more than one judge shall be divided among the judges as provided by the rules and orders of the court. "The chief judge of the bankruptcy court shall be responsible for the observance of such rules and orders, and shall divide the business and assign the cases so far as such rules and orders do not otherwise prescribe. "If the bankruptcy judges in any district are unable to agree upon the adoption of rules or orders for that purpose the judicial council of the circuit shall make the necessary orders. "§ 157. Times of holding court "(a) The bankruptcy couii: at each designated location shall be deemed to be in continuous session on all business days throughout the year, "(b) Each bankruptcy court may establish by local rule or order schedules of court sessions at designated places of holding court other than the headquarters oiSce of the court. Such schedules may be pretermitted by order of the court. " (c) Bankruptcy court may be held at any place within the territory served, in any case, on order of the bankruptcy court, for the convenience of the parties, on such notice as the bankruptcy court orders. "Court shall be held only at places where Federal quarters and accommodations are available, or suitable quarters and accommodations are furnished without cost to the United States. The foregoing restrictions shall not, however, preclude the Administrator of General Services, at the request of the Director of the Administrative Office of the United States Courts, from providing such court quarters and accommodations as the Administrator determines can appropriately be made available at places where court is authorized by law to be held, but only if such court quarters and accommodations have been approved as necessary by the judicial council of the appropriate circuit.
 * '§ 158. Accommodations at places for holding court

92 STAT. 2659 11 USC prec. 1. 28 USC 156.

28 USC 157.

28 USC 158.

"§ 159. Vacant judgeship as affecting proceedings 28 USC 159. "When the office of a bankruptcy judge becomes vacant, all pending process, pleadings and proceedings shall, when necessary, be continued by the clerk until a judge is appointed or designated to hold such court. "§ 160. Appellate panels 28 USC 160. "(a) If the circuit council of a circuit orders application of this section to a district within such circuit, the chief judge of each circuit shall designate panels of three bankruptcy judges to hear appeals from judgments, orders, and decrees of the bankruptcy court of the United States for such district. Except as provided in section 293(e) of this title, a panel shall be composed only of bankruptcy judges for districts located in the circuit in which the appeal arises. The chief judge shall designate a sufficient number of such panels so that appeals may be heard and disposed of exjjeditiously. "(b) A panel designated under subsection (a) of this section may not hear an appeal from a judgment, order, or decree entered by a member of the panel.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1380

 92 STAT. 2660

PUBLIC LAW 95-598—NOV. 6, 1978 "(c) When hearing an appeal, a panel designated under subsection (a) of this section shall sit at a place convenient to the parties to the appeal.". (b) The table of chapters of part I of title 28 of the United States Code is amended by inserting immediately after the item relating to chapter 5 of such title the following: "6. Bankruptcy courts

151".

SEC. 202. Section 291(c) of title 28 of the United States Code is amended by inserting "or bankruptcy" immediately after "to hold a district". SEC. 203. Section 292(b) of title 28 of the United States Code is amended by inserting "or a bankruptcy court" immediately after "to hold a district court". SEC. 204. Section 292(d) of title 28 of the United States Code is amended— (1) by striking out "either"; (2) by inserting "bankruptcy court," immediately after "in a"; and (3) by inserting a comma immediately after "district court". SEC. 205. Section 293 of title 28 of the United States Code is amended by adding at the end thereof the following: "(e)(1) The Chief Justice of the United States may designate and assign temporarily a bankruptcy judge of one circuit for service in a bankruptcy court in another circuit upon presentation of a certificate of necessity by the chief judge or circuit justice of the circuit wherein the need arises. "(2) The chief judge of a circuit may, in the public interest, designate and assign temporarily a bankruptcy judge of the circuit to hold a bankruptcy court in any district within the circuit.". SEC. 206. Section 294 of title 28 of the United States Code is amended— (1) in subsection (c), by deleting "or district" and inserting "district or bankruptcy judge"; and (2) in subsection (d), by striking out "or district judge" and inserting in lieu thereof ", district judge or bankruptcy judge". SEC. 207. Section 295 of title 28 of the United States Code is amended by striking out "or district" and inserting in lieu thereof "district, or bankruptcy". SEC. 208. Section 331 of title 28 of the United States Code is amended— (1) by striking out "and a district judge from each judicial circuit" in the first sentence of the first paragraph thereof and inserting "a district judge from each judicial circuit, and two bankruptcy judges" in lieu thereof; (2) by inserting "circuit and district" in the second paragraph— (A) immediately after "amended section the"; (B) immediately after "for one year, the"; and, (C) immediately after "two years and the"; (3) by inserting immediately after the second paragraph the following: "The bankruptcy judges to be summoned shall be chosen at large by all the bankruptcy judges. Each bankruptcy judge chosen shall serve as a member of the conference for three successive years, except that in the year following the effective date of this sentence the bankruptcy judges shall choose one bankruptcy judge to serve for two years.";

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 PUBLIC LAW 95-598—NOV. 6, 1978 (4) by inserting "or a bankruptcy judge chosen by the bankruptcy judges" immediately after "judges of the circuit" in the first sentence in the third paragraph; and (5) by inserting "or any other bankruptcy judge" immediately before the period in the first sentence in the third paragraph. SEC. 209. Section 332(d) of title 28 of the United States Code is amended by inserting "and bankruptcy judges" immediately after "The district judges". SEC. 210. Section 333 of title 28 of the United States Code is amended by striking out "and district" and inserting in lieu thereof ", district, and bankruptcy". SEC. 211. Section 376(a)(2)(A) of title 28 of the United States Code is amended by inserting ", or (iii) in the case of a bankruptcy judge, after retirement under section 337 of this title" immediately before the semicolon. SEC. 213. Section 451 of title 28 of the United States Code is amended— (1) by inserting a comma and "and bankruptcy courts, the judges of which are entitled to hold office for a term of 14 years" immediately before the period at the end of the paragraph beginning with "The term 'court of the United States' "; and (2) by inserting a comma and "and judge of the bankruptcy courts, the judges of which are entitled to hold office for a term of 14 years" immediately before the period at the end of the paragraph beginning with "The term 'judge of the United States'". SEC. 214. (a) Sections 455(a) and 455(e) of title 28 of the United States Code are each amended by striking out "magistrate, or referee in bankruptcy" each place it appears and inserting in lieu thereof "or magistrate". (b) The heading for section 455 of title 28 of the United States Code is amended by striking out "magistrate, or referee in bankruptcy" and inserting in lieu thereof, "or magistrate'*. (c) The item relating to section 455 in the table of sections of chapter 21 of title 28 of the United States Code is amended by striking out "magistrate, or referee in bankruptcy" and inserting in lieu thereOT "or magistrate".

SEC. 215. Section 456 of title 28 of the United States Code is amended— (1) by striking out "and the United States District Court for the District of Columbia," and inserting in lieu thereof "the United States District Court for the District of Columbia, and the United States Bankruptcy Court for the District of Columbia,"; (2) by striking out "and district" and inserting in lieu thereof ", district and bankruptcy"; and (3) by striking out "and each district judge" and inserting in lieu thereof ", each district judge; and each bankruptcy judge". SEC. 216. Section 457 of title 28 of the United States'" Code is amended by inserting "of bankruptcy courts," immediately after "The record". SEC. 217. (a) The heading for section 460 of title 28 of the United States Code is amended by striking out "Alaska,". (b) The item relating to section 460 in the table of sections of chapter 2i of title 28 of the United States Code is amended by striking out "Alaska,".

92 STAT. 2(161

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1382

 92 STAT. 2662

"

PUBLIC LAW 95-598—NOV. 6, 1978

SEC. 218. Section 506 of title 28 of the United States Code is amended by striking out " n i n e " and inserting in lieu thereof "ten". SEC. 219.' (a) Section 5 2 6 (a)(1) of title 28 of the United States Code is amended by striking out " and marshals" and inserting in lieu thereof ", marshals, and trustees". (b) The heading for section 526 of title 28 of the United States Code is amended by striking out "and marshals" and inserting in lieu thereof ", marshals, and trustee". (c) The item relating to section 526 in the table of sections of chapter 31 of title 28 of the United States Code is amended by striking out "and marshals" and inserting in lieu thereof ", marshals, and trustees". SEC. 220. Section 526(a)(2) of title 28 of the United States Code is amended— (1) by striking out "referees,"; (2) by striking out " and receivers in b a n k r u p t c y " and inserting in lieu thereof "in cases under title 1 1 "; and (3) by striking out "commissioners" and inserting "magist r a t e s " in lieu thereof. SEC. 221. Section 569(a) of title 28 of the United States Code is amended by striking out "of the district court" and inserting in lieu thereof "of the bankruptcy, of the district court,". SEC. 222. Section 571(a) of title 28 of the Ignited States Code is amended— (1) by striking out " and of the m a r s h a l s " and inserting in lieu thereof "of the m a r s h a l s "; and (2) by inserting ", and of the United States trustees, their assistants, staff and other employees" immediately after "clerical assistance". SEC. 223. Section 571(b) of title 28 of the United States Code is amended by striking out "and district" and inserting in lieu thereof ", district, and bankruptcy". SEC. 224. (a) Title 28 of the United States Code is amended by inserting immediately after chapter 37 the following:

"CHAPTER 39—UNITED STATES TRUSTEES

28 USC 581.

"Sec. "581. United States trustees. "582. Assistant United States trustees. "583. Oathof oflSce. "584. OflBcial stations. "585. Vacancies. "586. Duties; supervision by Attorney General. "587. Salaries. "588. Expenses., "589. Staff and other employees. «§ 581. United States trustees " (a) The Attorney General shall appoint one United States trustee for each of the following districts or groups of districts: " (1) District of Maine, District of New H a m p s h i r e, District of Massachusetts, and District of Rhode Island. " (2) Southern District of New York. " (3) District of Delaware and District of New Jersey. " (4) Eastern District of Virginia and District of District of Columbia. " (5) Northern District of Alabama. " (6) Northern District of Texas.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1383

 PUBLIC LAW 95-598—NOV. 6, 1978

92 STAT. 2663

"(7) Northern District of Illinois. "(8) District of Minnesota, District of North Dakota, District of South Dakota. "(9) Central District of California. " (10) District of Colorado and District of Kansas. "(b) Each United States trustee shall be appointed for a term of seven years. On the expiration of his term, a United States trustee shall continue to perform the duties of his Office until his successor is appointed and qualifies. "(c) Each United States trustee is subject to removal for cause by the Attorney General. "§ 582. Assistant United States trustees "(a) The Attorney General may appoint one or more assistant United States trustees in any district when the public interest so requires. "(b) Each assistant United States trustee is subject to removal for cause by the Attorney General. "§ 583. Oath of office "Each United States trustee and assistant United States trustee, before taking office, shall take an oath to execute faithfully his duties. «§ 584. Official stations "The Attorney General may determine the official stations of the United States trustees and assistant United States trustees within the districts for which they were appointed. "§ 585. Vacancies "The Attorney General may appoint an acting United States trustee for a district in which the office of United States trustee is vacant, or may designate a United States trustee for another judicial district to serve as trustee for the district in which such vacancy exists. The individual so appointed or designated may serve until the earlier of 90 days after such appointment or designation, as the case may be, or the date on which the vacancy is filled by appointment under section 581 of this title. "§ 586. Duties; supervision by Attorney General "(a) Each United States trustee, within his district, shall— "(1) establish, maintain, and supervise a panel of private trustees that are eligible and available to serve as trustees in cases under chapter 7 of title 11; "(2) serve as and perform the duties of a trustee in a case under title 11 when required under title 11 to serve as trustee in such a case; "(3) supervise the administration of cases and trustees in cases under chapter 7,11, or 13 of title 11; "(4) deposit or invest under section 345 of title 11 money received as trustee in cases under title 11; "(5) perform the duties prescribed for the United States trustee under title 11; and "(6) make such reports as the Attorney General directs. " (b) If the number of cases under chapter 13 of title 11 commenced in a particular judicial district so warrant, the United States trustee for such district may, subject to the approval of the Attorney General, appoint one or more individuals to serve as standing trustee, or designate one or more assistant United States trustee, in cases under such chapter. The United States trustee for such district shall

28 USC 582.

28 USC 583. 28 USC 584.

28 USC 585.

28 USC 586.

^n«e. P- 2603.

j ^ ' PP- 2625, yi 2565 » P•

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1384

 92 STAT. 2664

PUBLIC LAW 95-598—NOV. 6, 1978

supervise any such individual appointed as standing trustee in the performance of the duties of standing trustee. " (c) E a c h United States trustee shall be under the general supervision of the Attorney General, who shall provide general coordination and assistance to the United States trustees. Rules. " (d) The Attorney General shall prescribe by rule qualifications for membership on the panels established by United States trustees under subsection (a)(1) of this section, and qualifications for appointment under subsection (b) of this section to serve as standing trustee Ante, p. 2645. in cases under chapter 13 of title 11. The Attorney General may not require that an individual be an attorney in order to qualify for appointment under subsection (b) of this section to serve as standing trustee in cases under chapter 13 of title 11. " (e)(1) The Attorney General, after consultation with a United States trustee that has appointed an individual under subsection (b) of this section to serve as standing trustee in cases under chapter 13 of title 11, shall fix— " (A) a maximum annual compensation for such individual, not to exceed the lowest annual rate of basic pay in effect for grade GS-16 of the General Schedule prescribed under section 5 USC 5332 note. 5332 of title 5; and " (B) a percentage fee, not to exceed ten percent, based on such maximum annual compensation and the actual, necessary expenses incurred by such individual as standing trustee. " (2) Such individual shall collect such percentage fee from all payments under plans in the cases under chapter 13 of title 11 for which such individual serves as standing trustee. Such individual shall pay to the United States trustee, and the United States trustee shall pay to the Treasury— " (A) any amount by which the actual compensation of such individual exceeds five percent upon all payments under plans in cases under chapter 13 of title 11 for which such individual serves as standing trustee; and " (B) any amount by which the percentage for all such cases exceeds— " (i) such individual actual compensation for such cases, as adiusted under subparagraph (A) of this paragraph; plus " ( i i) the actual, necessary expenses incurred by such individual as standing trustee in such cases. 28 USC 587. «§ 587. Salaries " The Attorney General shall fix the annual salaries of United States trustees and assistant United States trustees at rates of compensation not to exceed the lowest annual rate of basic pay in effect for grade GS-16 of the General Schedule prescribed under section 5332 of title 5. 28 USC 588. «§ 588. Esqpenses "Necessary office expenses of the United States trustee shall be allowed Avhen authorized by the Attorney General. 28 USC 589. «§ 589. Staflf and other employees " The United States trustee may employ staff and other employees on approval of the Attorney General.". (b) The table of chapters of part II of title 28 of the United States Code is amended by inserting at the end thereof the following: "39. United States Trustees 581". SEC. 225. (a) Section 604(a) of title 28 of the United States Code is amended—

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1385

 PUBLIC LAW 95-598—NOV. 6, 1978 (1) by redesignating paragraph (13) as paragraph (14); and (2) by inserting immediately after paragraph (12) the following: "(13) Lay before Congress, annually, statistical tables that will accurately reflect the business transacted by the several bankruptcy courts, and all other pertinent data relating to such courts;". (b) Section 604 of title 28 of the United States Code, is amended by adding at the end thereof the following: "(f) For each bankruptcy court, the Director shall name qualified persons to membership on the panel of trustees. The number and qualifications of persons named to membership on the panel of trustees sTiall be determined by rules and regulations to be adopted by the Director, An individual named to membership on the panel of trustees shall have a residency or office in the State served by the court or in any adjacent State. A corporation named to membership on the panel of trustees shall be authorized by its charter or by law to act as trustee and shall have an office in the State served by the court. The Director on his own initiative may at any time remove for cause a person named to a panel of trustees or remove a trustee appointed from the panel.". SEC. 226. Section 610 of title 28 of the United States Code is amended by striking out "and district courts" and inserting in lieu thereof ", district courts, and bankruptcy courts". SEC. 227. Section 620(b)(3) of title 28 of the United States Code is amended— (1) by striking out "referees,"; and (2) by striking out "commissioners" and inserting "magistrates" in lieu thereof. SEC. 228. Section 621(a)(2) of title 28 of the United StatesCode is amended by striking out "and three active judges of the district courts of the United States" and inserting in lieu thereof ", three active judges of the district courts of the United States, one active judge of the bankruptcy courts of the United States". SEC. 229. Section 621(b) of title 28 of the United States Code is amended by striking out everything after "years" down through "That a" and inserting in lieu thereof ". A". SEC. 230. Chapter 42 of title 28 of the United States Code is amended—• (1) by striking out section 629; and (2) by striking out the item relating to section 629 in the table of sections. SEC. 231. Section 631(c) of title 28 of the United States Code is amended—• (1) by striking out "of the conference, a part-time referee in bankruptcy or" and inserting in lieu thereof "of the conference,"; and " (2) by striking out "magistrate and part-time referee in bankniptcy," and inserting in lieu thereof "magistrate and". SEC. 232. Section 634(a) of title 28 of the United States Cbde is amended by striking out "for full-time and part-time United States magistrates not to exceed the rates now or hereafter provided for full-time and part-time referees in bankruptcy, respectively, referred to in section 40a of the Bankruptcy Act (11 U.S.C. 68(a)), as amended,", and inserting in lieu thereof "not to exceed $48,500 per annum, subject to adjustment in accordance with section 225 of the Federal Salary Act of 1967 and section 461 of this title,". SEC. 233. (a) Title 28 of the United States Code is amended by inserting immediately after chapter 49 the following:

92 STAT. 2665

Statistical tables.

Rules and regulations.

28 USC 620 et seq.

2 USC 351.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1386

 92 STAT. 2666

PUBLIC LAW 95-598—NOV. 6, 1978

"CHAPTER 50—BANKRUPTCY COURTS "Sec.

28 USC 771.

28 USC 772.

28 USC 773.

•.!;

"771. Clerks. "772. Other employees. "773. Records of proceedings; reporters. "774. Power to appoint. "775. Salaries of employees. «§ 771. Clerks " (a) Based on need each bankruptcy court may appoint a clerk who shall be subject to removal only by the court. "(b) The clerk may appoint, with the approval of the court, necessary deputies, clerical assistants, and employees in such number as may be approved by the Director of the Administrative Office of the United States Courts. Such deputies, clerical assistants, and employees shall be subject to removal only by the clerk with the approval of the court. If there is no clerk, the Bankruptcy Judge shall perform the duties of this subsection. "(c) The clerk of each bankruptcy court shall reside in the district for which he is appointed. The bankruptcy court may designate places within the district for the offices of the clerk and his deputies, and their official stations. "(d) A clerk of a bankruptcy court or his deputy or assistant shall not receive any compensation or emoluments through any office or position to which he is appointed by the court, other than that received as such clerk, deputy or assistant, whether from the United States or from private litigants. "(e) The clerk of each bankruptcy court shall pay into the Treasury all fees, costs and other moneys collected by him, except uncollected fees not required by Act of Congress to be prepaid. "He shall make returns thereof to the Director of the Administrative Office of the United States Courts under regulations prescribed by him. "§772. Other employees "Bankruptcy judges may appoint necessary other employees, including law clerks and secretaries, subject to any limitation on the aggregate salaries of such employees which may be imposed by law. "§773. Records of proceedings; reporters " (a) The bankruptcy court shall require a record to be made, whenever practicable, of all proceedings in cases had in open court. The Judicial Conference shall prescribe that the record be taken by electronic sound recording means, by a court reporter appointed or employed by such bankruptcy court to take a verbatim record by shorthand or mechanical means, or by an employee of such court designated by such court to take such a verbatim record. "(b) On the request of a party to a proceeding that has been recorded who has agreed to pay the fee for a transcript, or a judge of the bankruptcy court, a transcript of the original record of the requested i:)arts of such proceeding shall be made and delivered promptly to such party or judge. Any such transcript that is certified shall be deemed prima facie a correct statement of the testimony taken and proceedings liad. No transcript of the proceedings of the bankruptcy court shall be considered as official except those made from certified records. "(c) Fees for transcripts furnished in proceedings to persons permitted to appeal in forma pauperis shall be paid by the United States out of money appropriated for that purpose if the trial judge or a circuit judge certifies that the appeal is not frivolous (but presents a substantial question).

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1387

 PUBLIC LAW 95-598—NOV. 6, 1978 "§ 774. Power to appoint "Whenever a majority of the bankruptcy judges of any bankruptcy court cannot agree upon the appointment of any officer of such court, the chief judge shall make such appointment. "§ 775. Salaries of employees "The salary of an individual appointed or employed under section 771 (a), 772, or 773 (a) of this title shall be the same as the salary of an individual appointed or employed under section 751(a), 752, or 753 (a) of this title, as the case may be. The salaries of individuals appointed under section 771(b) of this title shall be comparable to the salaries of individuals appointed under section 751(b) of this title.". (b) The table of chapters of part III of title 28 of the United States Code is amended by inserting immediately after the item relating to chapter 49 the following: "SO. Bankruptcy Courts 771". SEC. 234. Section 957(a) of title 28 of the United States Code is amended by inserting "or bankruptcy court" immediately after "disi T*ict court SEC. 235.'Section 959(b) of title 28 of the United States Code is amended by striking out "A" and inserting in lieu thereof "Except as provided in section 1166 of title 11, a". SEC. 236. (a) Chapter 83 of title 28 of the United States Code is amended by inserting immediately after section 1292 the following: "§ 1293. Bankruptcy appeals "(a) The courts of appeals shall have jurisdiction of appeals from all final decisions of panels designated under section 160(a) of this title. "(b) Notwithstanding section 1482 of this title, a court of appeals shall have jurisdiction of an appeal from a final judgment, order, or decree of an appellate panel created under section 160 or a District court of the United States or from a final judgment, order, or decree of a bankruptcy court of the United States if the parties to such appeal agree to a direct appeal to the court of appeals.". (b) The table of sections of chapter 83 of title 28 of the United States Code is amended by inserting immediately after the item relating to section 1292 the following: "1293. Bankruptcy appeals.".

SEC. 237. Section 1294 of title 28 of the United States Code is amended— (1) by striking out "district and territorial" and inserting in lieu thereof "district, bankruptcy, and territorial"; (2) by striking out the period at the end thereof and inserting a semicolon; and (3) by adding at the end thereof the following: " (5) From a panel designated under section 160(a) of this title to the court of appeals for the circuit in which the panel was so designated; "(6) From a bankruptcy court of the United States to the court of appeals for the circuit embracing the district in which the bankruptcy court is located.". SEC. 238. (a) Section 1334 of title 28 of the United States Code is amended to read as follows:

92 STAT. 2667 28 USC 774.

28 USC 775.

28 USC 1293.

Post, p. 2671.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1388

 9 2 STAT. 2 6 6 8 28 USC 1334.

28 USC 1408. Supra.

PUBLIC LAW 95-598—NOV. 6, 1978 "§ 1334. Bankruptcy appeals " (a) The district courts for districts for which panels have not been ordered appointed under section 160 of this title shall have jurisdiction of appeals from all final judgments, orders, and decrees of bankruptcy courts. " (b) The district courts for such districts shall have jurisdiction of appeals from interlocutory orders and decrees of bankruptcy courts, but only by leave of the district court to which the appeal is taken. " (c) A district court may not refer an appeal under that section to a magistrate or to a special master.". (b) The table of sections of chapter 85 of title 28 of the United States Code is amended by striking out the item relating to section 1334 and inserting in lieu thereof the following: "1334. Bankruptcy appeals.". SEC. 239. Section 1360(a) of title 28 of the United States Code is amended by striking out "within the T e r r i to r y " and inserting in lieu thereof "within the State", SEC. 240. (a) Chapter 87 of title 28 of the United States Code is amended by a d d i n g at the end thereof the following: "§ 1408. Bankruptcy appeals " A n appeal under section 1334 of this title from a judgment, order, or decree of a bankruptcy court may be brought only in the judicial district in which such bankruptcy court is located.". (b) The table of sections of chapter 87 of title 28 of the United States Code is amended by adding at the end thereof the following: "1408. Bankruptcy appeals.". SEC. 241. (a) Title 28 of the United States Code is amended by inserting immediately after chapter 89 the following:

"CHAPTER 90—DISTRICT COURTS AND BANKRUPTCY COURTS

28 USC 1471.

"Sec. "1471. Jurisdiction. "1472. Venue of cases under title 11. "1473. Venue of proceedings arising under or related to cases under title 11. "1474. Venue of cases ancillary to foreign proceedings. "1475. Change of venue. "1476. Creation or alteration of district or division. "1477. Cure or vpaiver of defects. "1478. Removal to the bankruptcy courts. "1479. Provisional remedies; security. "1480. Jury trials. "1481. Powers of bankruptcy court. "1482. Appeals. ^,, "§ 1471. Jurisdiction " (a) Except as provided in susbection (b) of this section, the district courts shall have original and exclusive jurisdiction of all cases under title 11. " (b) Notwithstanding any Act of Congress that confers exclusive jurisdiction on a court or courts other than the district courts, the district courts shall have original but not exclusive jurisdiction of all civil proceedings arising under title 11 or arising in or related to cases under title 11. " (c) The bankruptcy court for the district in which a case under title 11 is commenced shall exercise all of the jurisdiction conferred by this section on the district courts.

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 PUBLIC LAW 95-598—NOV. 6, 1978

92 STAT. 2669

"(d) SuKisection (b) or (c) of this section does not prevent a district court or a bankruptcy court, in the interest of justice, from abstaining from hearing a particular proceeding arising under title 11 or arising in or related to a case under title 11. Such abstention, or a decision not to abstain, is not reviewable by appeal or otherwise. "(e) The bankruptcy court in which a case under title 11 is commenced shall have exclusive jurisdiction of all of the property, whereever located, of the debtor, as of the commencement of such case. § 1472. Venue of cases under title 11 28 USC 1472. "Except as provided in section 1474 of this title, a case under title 11 may be commenced in the bankruptcy court for a district— "(1) in which the domicile, residence, principal place of business, in the United States, or principal assets, in the United States, of the person or entity that is the subject of such case have been located for the 180 days immediately preceding such commencement, or for a longer portion of such 180-day period than the domicile, residence, principal place of business, in the United States, or principle assets, in the United States, of such person were located in any other district; or "(2) in which there is pending a case under title 11 concerning such person's affiliate, general partner, or partnership. "§ 1473. Venue of proceedings arising under or related to cases 28 USC 1473. under title 11 "(a) Except as provided in subsections (b) and (d) of this section, a proceeding arising in or related to a case under title 11 may be commenced in the bankruptcy court in which such case is pending. "(b) Except as provided in subsection (d) of this section, a trustee in a case under title 11 may commence a proceeding arising in or related to such case to recover a money judgment of or property worth less than $1,000 or a consumer debt of less than $5,000 only in the bankruptcy court for the district in which a defendant resides. " (c) Except as provided in section (b) of this section, a trustee in a ' case under title 11 may commence a proceeding arising in or related to such case as statutory successor to the debtor or creditors under section 541 or 544(b) of title 11 in the bankruptcy court for the district where the State or Federal court sits in which, under applicable nonbankruptcy venue provisions, the debtor or creditors, as the case may be, may have commenced an action on which such proceeding is based if the case under title 11 had not been commenced. "(d) A trustee may commence a proceeding arising under title 11 or arising in or related to a case under title 11 based on a claim arising after the commencement of such case from the operation of the business of the debtor only in the bankruptcy court for the district where a State or Federal court sits in which, under applicable nonbankruptcy venue provisions, an action on such claim may have been brought. " (e) A proceeding arising in or related to a case under title 11, based on a claim arising after the commencement of such case from the operation of the business of the debtor, may be commenced against the representative of the estate in such case in the bankruptcy court for the, district where the State or Federal court sits in which the party commencing such proceeding may, under applicable nonbankruptcy venue provisions, have brought an action on such claim, or in the bankruptcy court in which such case in pending.

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