Bankruptcy Court Act of 1982

Summary

Bankruptcy Court Act of 1982 - Provides for the appointment of U.S. bankruptcy judges under Article III of the Constitution. Provides for a transition period to the new bankruptcy court structure through March 31, 1983. Provides that in each judicial district there shall be a court of record known as the United States Bankruptcy Court for the district. Directs the President to appoint, by and with the advice and consent of the Senate, bankruptcy judges. Provides that judges shall hold office during good behavior. Sets the salary of a judge at $65,000, subject to adjustment under the Federal Salary Act of 1967. Sets forth procedures for determining: (1) the chief judge of a district; and (2) the times and places of holding court. Provides that 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. Provides that in each circuit there shall be a bankruptcy appellate panel. Authorizes a circuit judge to be assigned to hold a bankruptcy court within the circuit judge's circuit. Authorizes the Chief Justice to assign a district judge of one circuit to hold a bankruptcy court in another circuit. Includes bankruptcy judges: (1) in the Judicial Conference; (2) on the judicial council of each circuit; and (3) on the Board of the Federal Judicial Center. Makes conforming amendments, technical amendments, and amendments relating to retirement benefits for bankruptcy transition judges. Sets forth provisions relating to court clerks, court reporters, court officers, and other court employees. Provides that courts of appeals shall have jurisdiction from all final decisions of bankruptcy appellate panels, or from a final judgment of a bankruptcy court, if the parties agree to a direct appeal. Sets forth provisions relating to jurisdiction, venue, procedure, and removal to bankruptcy courts. Makes additional conforming amendments. Sets forth a provision relating to the issuance of writs of habeas corpus by bankruptcy courts. Sets forth provisions relating to bankruptcy cases, matters, and proceedings during the transitional period.

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Documents

2 official files

• Reported to House with amendment(s)

  summary · EN · 15 September 1982

  Open at official source

• Introduced in House

  summary · EN · 12 August 1982

  Open at official source

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