Bankruptcy Court and Federal Judgeship Act of 1983

Summary

Bankruptcy Court and Federal Judgeship Act of 1983 - Title I: - Repeals Chapter 90 of the Federal judicial code ("District Courts and Bankruptcy Courts") and replaces it with a new Chapter 90 which provides for the recall by the district courts of actions referred to bankruptcy courts. Confers upon the district courts original and exclusive jurisdiction of all cases under title ll (the bankruptcy code). Confers original, but not exclusive, jurisdiction upon the district courts of all civil proceedings arising under title ll or arising in or related to cases under title ll. Requires any district court to refer all cases and civil proceedings arising under title ll to the bankruptcy court for the district. Confers upon such bankruptcy court all jurisdiction granted the district courts for title ll actions and proceedings. Authorizes district courts to recall actions previously referred to bankruptcy courts. Authorizes any party, including the bankruptcy judge, to petition for the recall of any civil action referred to the bankruptcy courts. Outlines the procedure for such petition. Allows district courts discretion to grant such petitions, but requires recall to be granted where an action does not arise under title ll or where the district court determines that resolution of the proceeding requires consideration of additional laws dealing with interstate commerce. Permits district courts discretion to determine the entire case or to: (1) designate any bankruptcy judge to serve as a special master according to specified rule; (2) refer such action to a United States magistrate according to specified rules. Requires timely filing of recall petitions. Allows district courts to abstain from hearing a particular action under title ll, and precludes appeals from such decisions. Requires the district courts to abstain, upon proper motion, from adjudicating claims involving the debtor based upon State law where such claims will be timely instituted in an appropriate State forum. Authorizes bankruptcy courts to exercise jurisdiction over all the debtor's property, wherever located, and over the bankruptcy estate. Sets venue guidelines for: (1) cases and proceedings under title ll; (2) cases to enjoin actions in a State or Federal court; (3) actions to enjoin liens against property in such courts. Delineates procedures for removal of bankruptcy cases by a party. Authorizes courts to remand cases which have been so removed, and precludes any appeal of a remand decision. Preserves the right to trial by jury, and authorizes district courts to order specified issues to be tried without a jury. Makes the chief judge of each district court responsible for the expeditious determination of all cases and civil proceedings arising under title ll. Authorizes such judge to designate district court judges with primary responsibility for bankruptcy matters. Authorizes the judicial council of each circuit to promulgate local rules for: (1) the disposition of title ll actions in the district and bankruptcy courts; (2) for the administration of cases in equity, law or admiralty that are referred to the bankruptcy courts. Prohibits the designation of United States magistrates to hear or determine pretrial motions for action in a case or proceeding under title ll. Directs the clerk of the court to notify the parties in a civil action that a specially designated magistrate is available to exercise civil jurisdiction in their case. Title II: - Enumerates bankruptcy judgeship appointments for judicial districts in the States. Title III - Enumerates additional, permanent circuit and district judgeships for the States. Title IV - Establishes retirement and annuity guidelines for judges holding office during good behavior. Outlines retirement and resignation criteria for bankruptcy judges, including retirement pay and salary upon resignation. Makes technical and conforming amendments.

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Timeline

1. 22 March 1983

   Reported

   Committee on Judiciary ordered to be reported an original measure in lieu of S. 443, S. 54, S. 792.

   Source: Committee

2. 7 April 1983

   Calendars

   Placed on Senate Legislative Calendar under Regular Orders. Calendar No. 82.

   Source: Calendars

3. 7 April 1983

   Reported

   Committee on Judiciary. Original measure reported to Senate by Senator Thurmond. With written report No. 98-55.

   Source: Committee

4. 7 April 1983

   Reported

   Committee on Judiciary. Original measure reported to Senate by Senator Thurmond. With written report No. 98-55.

   Source: Committee

5. 7 April 1983

   Introduced

   Introduced in Senate

   Source: IntroReferral

6. 27 April 1983

   Floor

   Considered by Senate.

   Source: Floor

7. 27 April 1983

   Passed

   Passed/agreed to in Senate: Passed Senate with amendments by Voice Vote.

   Source: Floor

8. 4 May 1983

   Introduced

   Referred to House Committee on The Judiciary.

   Source: IntroReferral

9. 11 May 1983

   Referred

   Referred to Subcommittee on Monopolies and Commercial Law.

   Source: Committee

Votes

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Versions

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Documents

2 official files

• Passed Senate amended

  summary · EN · 27 April 1983

  Open at official source

• Introduced in Senate

  summary · EN · 7 April 1983

  Open at official source

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Sponsors

• Sen. Thurmond, Strom [R-SC] · R · Sponsor
• Sen. Hatfield, Mark O. [R-OR] · R · Sponsor
• · hsju00 · Standing
• · ssju00 · Standing

Related records

• related to → Bankruptcy Court Reform Act of 1983
• related to → Bankruptcy Court Reorganization Act of 1983
• related to → Bankruptcy Court Act of 1983
• amends ← To establish a new Federal judicial position.
• amends ← SAMDT 1182
• amends ← SAMDT 1186
• amends ← SAMDT 1184
• amends ← SAMDT 1190
• amends ← SAMDT 1183
• amends ← SAMDT 1188
• amends ← SAMDT 1187

Showing 11 of 22 related records.