HR 1021
112th CONGRESS
1st Session
H. R. 1021
To prevent the termination of the temporary office of bankruptcy
judges in certain judicial districts.
IN THE HOUSE OF REPRESENTATIVES
March 10, 2011
Mr. SMITH of Texas (for himself, Mr. COHEN, Mr. COBLE, and Mr. CONYERS) introduced
the following bill; which was referred to the Committee on the Judiciary
A BILL
To prevent the termination of the temporary office of bankruptcy
judges in certain judicial districts.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Temporary Bankruptcy Judgeships Extension Act
of 2011'.
SEC. 2. EXTENSION OF TEMPORARY OFFICE OF BANKRUPTCY JUDGES IN CERTAIN JUDICIAL
DISTRICTS.
(a) Temporary Office of Bankruptcy Judges Authorized by Public Law 109-8-
(1) EXTENSIONS- The temporary office of bankruptcy judges authorized for
the following districts by section 1223(b) of Public Law 109-8 (28 U.S.C.
152 note) are extended until the applicable vacancy specified in paragraph
(2) in the office of a bankruptcy judge for the respective district occurs:
(A) The eastern district of California.
(B) The district of Delaware.
(C) The southern district of Florida.
(D) The southern district of Georgia.
(E) The district of Maryland.
(F) The district of New Jersey.
(G) The northern district of New York.
(H) The southern district of New York.
(I) The eastern district of North Carolina.
(J) The eastern district of Pennsylvania.
(K) The middle district of Pennsylvania.
(L) The western district of Tennessee.
(M) The eastern district of Virginia.
(N) The district of Nevada.
(A) SINGLE VACANCIES- Except as provided in subparagraphs (B), (C), and
(D), the 1st vacancy in the office of a bankruptcy judge for each district
specified in paragraph (1)--
(i) occurring more than 5 years after the date of the enactment of this
Act, and
(ii) resulting from the death, retirement, resignation, or removal of
a bankruptcy judge,
(B) DISTRICT OF DELAWARE- The 1st, 2d, 3d, and 4th vacancies in the office
of a bankruptcy judge for the district of Delaware--
(i) occurring more than 5 years after the date of the enactment of this
Act, and
(ii) resulting from the death, retirement, resignation, or removal of
a bankruptcy judge,
(C) SOUTHERN DISTRICT OF FLORIDA- The 1st and 2d vacancies in the office
of a bankruptcy judge for the southern district of Florida--
(i) occurring more than 5 years after the date of the enactment of this
Act, and
(ii) resulting from the death, retirement, resignation, or removal of
a bankruptcy judge,
(D) DISTRICT OF MARYLAND- The 1st, 2d, and 3d vacancies in the office
of a bankruptcy judge for the district of Maryland--
(i) occurring more than 5 years after the date of the enactment of this
Act, and
(ii) resulting from the death, retirement, resignation, or removal of
a bankruptcy judge,
(3) APPLICABILITY OF OTHER PROVISIONS- Except as provided in paragraphs
(1) and (2), all other provisions of section 1223(b) of Public Law 109-8
(28 U.S.C. 152 note) remain applicable to the temporary office of bankruptcy
judges referred to in paragraph (1).
(b) Temporary Office of Bankruptcy Judges Extended by Public Law 109-8-
(1) EXTENSIONS- The temporary office of bankruptcy judges authorized by
section 3 of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) and
extended by section 1223(c) of Public Law 109-8 (28 U.S.C. 152 note) for
the district of Delaware and the eastern district of Tennessee are extended
until the applicable vacancy specified in paragraph (2) in the office of
a bankruptcy judge for the respective district occurs.
(A) DISTRICT OF DELAWARE- The 5th vacancy in the office of a bankruptcy
judge for the district of Delaware--
(i) occurring more than 5 years after the date of the enactment of this
Act, and
(ii) resulting from the death, retirement, resignation, or removal of
a bankruptcy judge,
(B) EASTERN DISTRICT OF TENNESSEE- The 1st vacancy in the office of a
bankruptcy judge for the eastern district of Tennessee--
(i) occurring more than 5 years after the date of the enactment of this
Act, and
(ii) resulting from the death, retirement, resignation, or removal of
a bankruptcy judge,
(3) APPLICABILITY OF OTHER PROVISIONS- Except as provided in paragraphs
(1) and (2), all other provisions of section 3 of the Bankruptcy Judgeship
Act of 1992 (28 U.S.C. 152 note) and section 1223(c) of Public Law 109-8
(28 U.S.C. 152 note) remain applicable to the temporary office of bankruptcy
judges referred to in paragraph (1).
(c) Temporary Office of the Bankruptcy Judge Authorized by Public Law 102-361
for the Middle District of North Carolina-
(1) EXTENSION- The temporary office of the bankruptcy judge authorized by
section 3 of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) for
the middle district of North Carolina is extended until the vacancy specified
in paragraph (2) occurs.
(2) VACANCY- The 1st vacancy in the office of a bankruptcy judge for the
middle district of North Carolina--
(A) occurring more than 5 years after the date of the enactment of this
Act, and
(B) resulting from the death, retirement, resignation, or removal of a
bankruptcy judge,
(3) APPLICABILITY OF OTHER PROVISIONS- Except as provided in paragraphs
(1) and (2), all other provisions of section 3 of the Bankruptcy Judgeship
Act of 1992 (28 U.S.C. 152 note) remain applicable to the temporary office
of the bankruptcy judge referred to in paragraph (1).
END
