Bankruptcy Amendments and Federal Judgeship Act of 1983

enactedUnited States· United States Congress· EN

Introduced

19 March 1984

Last action

10 July 1984 · Became law

Status

Became Public Law No: 98-353.

Summary

Bankruptcy Amendments of 1984 - Title I: Amendments Relating to Bankruptcy Court - Creates a court of record in each judicial district known as the United States Bankruptcy Court for the district. Directs the President to appoint bankruptcy judges with the advice and consent of the Senate. States that such judges hold office during good behavior and sets guidelines for: (1) salaries; (2) division of business; (3) times and places of holding court; (4) continuation of proceedings during vacant judgeships; and (5) appellate panels composed of bankruptcy judges. Authorizes the Chief Justice of the United States to temporarily assign bankruptcy judges of one circuit for service in a bankruptcy court in another circuit. Prohibits assigning bankruptcy judges for service in courts other than bankruptcy courts. Prescribes retirement benefits for current bankruptcy judges not appointed to bankruptcy courts under this Act. Directs each bankruptcy court to appoint court reporters according to qualifications standards formulated by the Judicial Conference. Prescribes the manner in which such reporters shall record bankruptcy court proceedings. Places such reporters under the supervision of the appointing bankruptcy court and the Judicial Conference. Authorizes the Director of the Administrative Office to contract for additional temporary court reporters if the judicial council of any circuit determines such a need exists. Restricts such contracting authority to amounts provided in advance in appropriations Acts. Grants courts of appeals jurisdiction of appeals from all final decisions of bankruptcy appellate panels and other specified bankruptcy panels and courts. Grants bankruptcy appellate panels jurisdiction of appeals from all interlocutory as well as final decisions of bankruptcy courts. Grants bankruptcy courts original, exclusive jurisdiction of all cases under Title 11 (the bankruptcy code.) Grants such courts original, but not exclusive, jurisdiction of all civil proceedings arising under Title 11 or related cases. Authorizes such courts to abstain from hearing particular matters. Precludes review of such decisions. Vests bankruptcy courts with exclusive jurisdiction over a debtor's property once a case has begun. Delineates venue requirements for cases and proceedings arising under Title 11. Amends the judicial code to furnish guidelines for: (1) removal to bankruptcy courts of specified civil proceedings; (2) provisional remedies; and (3) jury trials. Confers upon bankruptcy courts the powers of equity, law and admiralty. Authorizes bankruptcy courts to issue writs of habeas corpus. Provides for a transition period during which bankruptcy judges and bankruptcy courts will function. Sets a specified date for the transfer to bankruptcy courts of all cases and proceedings pending under either the Bankruptcy Act or Title 11. Authorizes the Supreme Court to issue procedural rules for the transition of functions and records to the new bankruptcy court system. Expresses the sense of Congress that all qualified incumbent bankruptcy judges who hold office immediately prior to enactment of this Act should be considered by the President for appointment to the new bankruptcy system. Directs the Attorney General to recommend to the President nominees for bankruptcy judgeships, including all such incumbent bankruptcy judges. Title II: Amendments to Title 11 of the United States Code - Subtitle A - Amendments Relating to Personal Bankruptcy - Amends the Bankruptcy Code to prohibit any individual from being a debtor under such title who has been a debtor in a case pending any time in the preceding 180 days if: (1) the case was dismissed for failure to abide by orders of the court; or (2) the debtor requested and obtained a voluntary dismissal of the case following the filing of a request for relief from the automatic stay. Requires the court clerk, prior to the commencement of a bankruptcy case by an individual whose debts are primarily consumer debts, to give written notice to such individual that indicates each chapter of such title under which the individual may proceed. Declares that dismissal of a bankruptcy case does not prejudice the debtor with regard to the filing of a subsequent bankruptcy petition. Permits any individual injured by any willful violation of a stay to recover actual damages, including costs and attorneys' fees, and, in appropriate circumstances, punitive damages. Requires an individual debtor whose schedule of assets and liabilities includes consumer debts secured by property of the estate to file a statement with the court clerk concerning retention or surrender of such property. Prohibits debtors who are husband and wife and whose estate are ordered to be jointly administered from each electing to exempt certain property from different alternative property groupings. Sets forth provisions in case the parties cannot agree on the alternative to be elected. Limits exemptions for property held primarily for the personal, family, or household use of the debtor to $4,000 in aggregate value. Limits the exemption for a debtor's aggregate interest in real or personal property to $3,750. Allows an exception to a discharge from any: (1) consumer debt owed to a single creditor and aggregating more than $500 for "luxury goods or services" incurred by an individual debtor on or within 40 days before the order for bankruptcy relief; or (2) cash advances aggregating more than $1,000 that are extensions of consumer credit under an open end credit plan obtained on or within 20 days before the order for bankruptcy relief. Requires a creditor to pay costs if the court finds in favor of the debtor where such creditor requested a determination of dischargeability of a debt, the debt is discharged, but the court finds that the creditor's position is not substantially justified. Provides that a discharge in a bankruptcy case does not operate as an injunction against an action to recover property of the debtor. Requires an agreement concerning a dischargeable debt between a holder of a claim and the debtor to contain a clear and conspicuous statement advising the debtor that the agreement may be rescinded at any time prior to discharge or within 60 days after the agreement is filed with the court, whichever occurs later. Declares that no such agreement prevents a debtor from voluntarily repaying any debt. Prohibits employment discrimination or termination because of any bankruptcy action. Permits a bankruptcy court to dismiss a case filed by an individual debtor whose debts are primarily consumer debts if it finds that the granting of bankruptcy relief would be a substantial abuse of the bankruptcy provisions. Terminates the stay of action by a creditor against a codebtor 20 days after the filing of a request for relief unless the debtor (or codebtor) files and serves upon the creditor a written objection to the taking of the proposed action. Permits the court to convert a chapter 13 (adjustment of debts of an individual with regular income) to a chapater 7 (liquidation) bankruptcy case for failure to comence timely payments. Prohibits a plan for the repayment of debts from discriminating unfairly against any class of unsecured claims, but permits such plan to treat claims for a consumer debt of the debtor if an individual is liable on such consumer debt with the debtor differently than other unsecured claims. Prohibits the court from approving a repayment plan if the trustee or the holder of an allowed unsecured claim objects to the confirmation of the plan, unless certain conditions are met as of the plan's effective date. Requires the debtor, unless the court orders otherwise, to commence making the payments proposed by a plan within 30 days after the plan is filed. Permits modification of the plan at any time after confirmation but before the completion of payments. Amends the Bankruptcy Rules to require the court to give the trustee and all creditors notice by mail of the order for relief not more than 20 days after the entry of such order in a voluntary case commenced under the Bankruptcy Code by an individual debtor whose debts are primarily consumer debts. Revises the Official Bankruptcy Form No. 1 concerning individual debts that are primarily consumer debts. Subtitle B - Amendments Relating to Grain Storage Facility Bankruptcy - Establishes priority in bankruptcy cases for allowed unsecured claims of individuals engaged in the production or raising of grain against a debtor who owns or operates a grain storage facility for grain or the proceeds of grain, to the extent of $2,000 for each such individual. Subjects certain rights and powers of the trustee, in the case of a seller who is a producer of grain sold to a grain storage facility, owned or operated by the debtor, in the ordinary course of such producer's business, to any statutory or commonly-law right of such producer to reclaim such grain if the debtor has received the grain while insolvent. Permits a bankruptcy court to expedite the procedures for the determination of interests in and the disposition of grain and proceeds of grain held by debtors who own or operate grain storage facilites. Allows the shortening of time periods applicable for such procedures and establishment of a timetable for the completion of certain procedures. Permits such time periods and timetable to be modified by the court for good cause shown. Sets forth the criteria by which such time periods may be shortened and the procedures which may be expedited. Requires notice to any appropriate regulatory governmental unit of any request made or ordered into for expedited determinations of interest. Requires the trustee to consult with such governmental unit before taking any action relating to the disposition of grain in the control of the debtor or the estate. Permits the court to extend final disposition period for grain or proceeds of grain if the court finds that certain conditions exist. Declares that unless such an order is stayed pending appeal, the reversal or modification on appeal of an order establishing an expedited procedure or determining any interest in or approving any disposition of grain or its proceeds does not affect validity. Prohibits the court or the trustee from delaying any other proceeding in the particular case on account of the appeal. Permits the trustee to recover from grain and proceeds of grain the reasonable and necessary costs and expenses attributable to preserving and disposing of grain or its proceeds, but the trustee may not recover any other costs or expenses. Subtitle C - Amendments Relating to Rejection of Collective Bargaining Agreements in Bankruptcy - Amends the Bankruptcy Code to permit a trustee to reject or assume a collective bargaining agreement made under the authority of title II of the Railway Labor Act or the National Labor Relations Act only if and after the court approves such rejection or assumption. Requires notice to all parties and a hearing before the court may approve such a rejection. Requires the trustee to: (1) meet and confer in good faith with the authorized representative of the employees who are subject to a collective bargaining agreement; and (2) provide such authorized representative with the relevant financial and other information. Permits the trustee to file a motion for the rejection of a collective bargaining agreement only if certain actions have been taken. Prohibits the court from approving the rejection of a collective bargaining agreement if: (1) the trustee has complied with the requirements of this Act; and (2) absent rejection of such agreement, the jobs covered by such agreement will be lost and any financial reorganization of the debtor will fail. Declares that no provision of this Act shall be construed to permit the trustee unilaterally to terminate or alter any of the wages, hours, terms, or conditions established by a collective bargaining agreement. Subtitle D - Effective Date of Title - Sets forth the effective date for the provisions of this title.

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Timeline

19 March 1984
Introduced
Referred to House Committee on The Judiciary.
Source: IntroReferral
19 March 1984
Introduced
Introduced in House
Source: IntroReferral
19 March 1984
Introduced
Introduced in House
Source: IntroReferral
20 March 1984
Reported
Rules Committee Resolution H.Res.465 Reported to House.
Source: Floor
20 March 1984
Discharge
House Committee on The Judiciary Discharged by Motion.
Source: Discharge
20 March 1984
Committee
House Committee on The Judiciary Discharged by Motion.
Source: Committee
20 March 1984
Referred
Referred to Subcommittee on Monopolies and Commercial Law.
Source: Committee
20 March 1984
Floor
Committee on Rules Granted a Modified Closed Rule Providing for Two Hours of General Debate; Making in Order an Amendment if Offered by Rep. Kastenmeier; Waiving Points of Order Against the Amendment.
Source: Floor
21 March 1984
Passed
Passed House (Amended) by Voice Vote.
Source: Floor
21 March 1984
Passed
Passed/agreed to in House: Passed House (Amended) by Voice Vote.
Source: Floor
21 March 1984
Passed
House Agreed to Amendments Adopted by the Committee of the Whole.
Source: Floor
21 March 1984
Floor
Called up by House by Rule.
Source: Floor
21 March 1984
Passed
Rule Passed House.
Source: Floor
22 March 1984
Introduced
Received in the Senate, read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 722.
Source: Calendars
21 May 1984
Floor
Measure laid before Senate.
Source: Floor
22 May 1984
Floor
Considered by Senate.
Source: Floor
23 May 1984
Floor
Considered by Senate.
Source: Floor
24 May 1984
Floor
Considered by Senate.
Source: Floor
4 June 1984
Floor
Considered by Senate.
Source: Floor
5 June 1984
Floor
Considered by Senate.
Source: Floor
19 June 1984
Floor
Considered by Senate.
Source: Floor
19 June 1984
Passed
Passed/agreed to in Senate: Passed Senate with amendments by Voice Vote.
Source: Floor
19 June 1984
ResolvingDifferences
Senate insists on its amendments, asks for a conference, appoints conferees Thurmond; Dole; Simpson; East; Hatch; Grassley; Biden; Heflin; DeConcini; Metzenbaum.
Source: ResolvingDifferences
20 June 1984
Passed
House Disagreed to Senate Amendments by Unanimous Consent.
Source: ResolvingDifferences
20 June 1984
Passed
House Agreed to Request for Conference and Speaker Appointed Conferees: Rodino, Kastenmeier, Edwards (CA), Seiberling, Hughes, Synar, Glickman, Morrison (CT), Fish, Moorhead, Kindness, Sawyer.
Source: ResolvingDifferences
20 June 1984
Passed
Resolving differences -- House actions: House Disagreed to Senate Amendments by Unanimous Consent.
Source: NotUsed
21 June 1984
ResolvingDifferences
Senate appointed conferee Kennedy in lieu of Biden by unanimous consent.
Source: ResolvingDifferences
21 June 1984
ResolvingDifferences
House Appointed Additional Conferees; Brooks, Lungren, to the Conference Committee.
Source: ResolvingDifferences
27 June 1984
ResolvingDifferences
Conference held.
Source: ResolvingDifferences
27 June 1984
ResolvingDifferences
Conference committee actions: Conference held.
Source: ResolvingDifferences
28 June 1984
ResolvingDifferences
Conference held.
Source: ResolvingDifferences
28 June 1984
ResolvingDifferences
Conference committee actions: Conference held.
Source: ResolvingDifferences
29 June 1984
Vote
Conference report agreed to in House: House Agreed to Conference Report by Yea-Nay Vote: 394 - 0 (Record Vote No: 301).
Source: ResolvingDifferences
29 June 1984
ResolvingDifferences
Conference Report 98-882 Filed in House.
Source: ResolvingDifferences
29 June 1984
ResolvingDifferences
Conference report filed: Conference Report 98-882 Filed in House.
Source: ResolvingDifferences
29 June 1984
ResolvingDifferences
Conference report considered in Senate. By Unanimous Consent.
Source: ResolvingDifferences
29 June 1984
Passed
Conference report agreed to in Senate: Senate agreed to conference report by Voice Vote.
Source: ResolvingDifferences
29 June 1984
Vote
House Agreed to Conference Report by Yea-Nay Vote: 394 - 0 (Record Vote No: 301).
Source: ResolvingDifferences
6 July 1984
Floor
Presented to President.
Source: Floor
6 July 1984
President
Presented to President.
Source: President
6 July 1984
Floor
Measure Signed in Senate.
Source: Floor
10 July 1984
Became law
Became Public Law No: 98-353.
Source: President
10 July 1984
President
Signed by President.
Source: President
10 July 1984
Became law
Signed by President.
Source: BecameLaw

Votes

No vote records are attached yet.

Versions

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Documents

4 official files

Public Law (PDF)

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Public Law (PDF)
Public Law · EN · 11 July 1984
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Conference report filed in House
summary · EN · 29 June 1984
Open at official source
Passed Senate amended
summary · EN · 19 June 1984
Open at official source
Introduced in House
summary · EN · 19 March 1984
Open at official source

Related records

Sources

PoliticalRepo is an index and interpretation layer, not the authoritative legal source.

Official source: https://www.congress.gov/bill/98th-congress/house-bill/5174
Open data entity: https://api.congress.gov/v3/bill/98/hr/5174
us · 98-hr-5174 · source updated 8 February 2022