II
Calendar No. 412
111th CONGRESS
2d Session
H. R. 4506
IN THE SENATE OF THE UNITED STATES
March 15, 2010
Received; read twice and referred to the Committee on the Judiciary
May 27 (legislative day, May 26), 2010
Reported by Mr. Leahy, without amendment
AN ACT
To authorize the appointment of additional bankruptcy judges, and for other purposes.
Short title
This Act may be cited as the
Bankruptcy Judgeship Act of
2010
.
Additional permanent offices of bankruptcy judges
Section 152(a)(2) of title 28, United States Code, is amended—
in the item
relating to the eastern and western districts of Arkansas by striking
3
and inserting 4
;
in the item relating to the eastern
district of California by striking 6
and inserting
8
;
in the item relating to the district of
Delaware by striking 1
and inserting 6
;
in the item relating to the middle district
of Florida by striking 8
and inserting 9
;
in the item relating to the northern
district of Florida by striking 1
and inserting
2
;
in the item relating to the southern
district of Florida by striking 5
and inserting
7
;
in the item relating to the northern
district of Georgia by striking 8
and inserting
10
;
in the item relating to the southern
district of Georgia by striking 2
and inserting
3
;
in the item relating to the district of
Maryland by striking 4
and inserting 7
;
in the item relating to the eastern
district of Michigan by striking 4
and inserting
7
;
in the item relating to the northern
district of Mississippi by striking 1
and inserting
2
;
in the item relating to the district of
Nevada by striking 3
and inserting 5
;
in the item relating to the district of New
Hampshire by striking 1
and inserting 2
;
in the item relating to the district of New
Jersey by striking 8
and inserting 9
;
in the item relating to the northern
district of New York by striking 2
and inserting
3
;
in the item relating to the southern
district of New York by striking 9
and inserting
10
;
in the item relating to the eastern
district of North Carolina by striking 2
and inserting
3
;
in the item relating to the western
district of North Carolina by striking 2
and inserting
3
;
in the item relating to the middle district
of Pennsylvania by striking 2
and inserting
3
;
in the item relating to the eastern
district of Tennessee by striking 3
and inserting
4
;
in the item relating to the western
district of Tennessee by striking 4
and inserting
5
;
in the item relating to the eastern
district of Virginia by striking 5
and inserting
6
; and
in the item relating to the southern
district of West Virginia by striking 1
and inserting
2
.
Conversion of certain temporary offices of bankruptcy judges to permanent offices
Conversion of certain temporary offices established by Public Law 109–8
The temporary offices of bankruptcy judges established by section 1223(b)(1) of Public Law 109–8 (28 U.S.C. 152 note) for the following districts are hereby converted so as to be included in the permanent offices of bankruptcy judges that are added by the amendments made by section 2 with respect to the corresponding districts:
The eastern district of California.
The district of Delaware.
The southern district of Florida.
The southern district of Georgia.
The district of Maryland.
The district of New Jersey.
The northern district of New York.
The southern district of New York.
The eastern district of North Carolina.
The middle district of Pennsylvania.
The western district of Tennessee.
The eastern district of Virginia.
The district of Nevada.
Conversion of certain temporary offices established by Public Law 102–361
The temporary offices of bankruptcy judges established by section 3(a) of Public Law 102–361 (28 U.S.C. 152 note) for the following districts are hereby converted so as to be included in the permanent offices of bankruptcy judges that are added by the amendments made by section 2 with respect to the corresponding districts:
The district of Delaware.
The district of New Hampshire.
The eastern district of Tennessee.
Extension of certain temporary offices of bankruptcy judges established by Public Law 109–8
Extensions
The temporary offices of bankruptcy judges established for the eastern district of Pennsylvania and the middle district of North Carolina by section 1223(b)(1) of Public Law 109–8 (28 U.S.C. 152 note) are extended until the 1st vacancy occurring in the office of a bankruptcy judge in the respective district resulting from the death, retirement, resignation, or removal of a bankruptcy judge and occurring 5 years or more after the date of the enactment of this Act.
Applicability of other provisions
Except as provided in subsection (a), all other provisions of section 1223(b) of Public Law 109–8 (28 U.S.C. 152 note) remain applicable to the temporary offices of bankruptcy judges referred to in subsection (a).
Paygo offset
Bankruptcy filing fees
Section 1930(a) of title 28, United States Code, is amended—
in paragraph (1)—
in subparagraph
(A) by striking $245
and inserting $246
;
and
in subparagraph
(B) by striking $235
and inserting $236
;
and
in paragraph (3) by striking
$1,000
and inserting $1,042
.
United States Trustee Fund
Section 589a(b) of title 28, United States Code, is amended—
in paragraph (1)—
in subparagraph
(A) by striking 40.46
and inserting 40.28
;
and
in subparagraph (B) by striking
28.33
and inserting 28.15
; and
in paragraph (2)
by striking 55
and inserting 52.78
.
Collection and deposition of miscellaneous bankruptcy fees
Section 406(b) of the Judiciary Appropriations Act, 1990 (Public Law 101–162; 28 U.S.C. 1931 note) is amended—
by striking
28.87
and inserting 28.74
;
by striking
35.00
and inserting 34.77
; and
by striking
25
and inserting 23.99
.
Effective dates
General effective date
Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act.
Special effective date
The amendments made by section 5 shall take effect 180 days after the date of the enactment of this Act.
Passed the House of Representatives March 12, 2010.
Lorraine C. Miller,
Clerk.
May 27 (legislative day, May 26), 2010
Reported without amendment