I 

108TH CONGRESS 

1ST SESSION H. R. 1428

To authorize 36 additional bankruptcy judgeships, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 25, 2003

Mr. KINGSTON (for himself, Mr. FOLEY, Mr. HOYER, Mr. DEUTSCH, Mr. 

ROGERS of Michigan, Mr. JENKINS, Mr. CASTLE, Mr. FROST, Mr. NADLER, Ms. ROS-LEHTINEN, Mr. GIBBONS, Mr. GORDON, Mr. HOEFFEL, 

Mr. BURNS, Mr. GINGREY, Mr. MATHESON, Mr. SCHROCK, Mr. BISHOP

of Utah, Mr. COLLINS, Mr. LINCOLN DIAZ-BALART of Florida, Mr. 

WICKER, Mr. VAN HOLLEN, and Mr. MCINTYRE) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL

To authorize 36 additional bankruptcy judgeships, and for 

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Bankruptcy Judgeship 

5 Act of 2003’’. 
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1 SEC. 2. AUTHORIZATION FOR ADDITIONAL BANKRUPTCY 

2 JUDGESHIPS. 

3 The following judgeship positions shall be filled in the 

4 manner prescribed in section 152(a)(1) of title 28, United 

5 States Code, for the appointment of bankruptcy judges 

6 provided for in section 152(a)(2) of such title: 

7 (1) Two additional bankruptcy judgeships for 

8 the southern district of New York. 

9 (2) Four additional bankruptcy judgeships for 

10 the district of Delaware. 

11 (3) One additional bankruptcy judgeship for the 

12 district of New Jersey. 

13 (4) One additional bankruptcy judgeship for the 

14 eastern district of Pennsylvania. 

15 (5) Three additional bankruptcy judgeships for 

16 the district of Maryland. 

17 (6) One additional bankruptcy judgeship for the 

18 eastern district of North Carolina. 

19 (7) One additional bankruptcy judgeship for the 

20 district of South Carolina. 

21 (8) One additional bankruptcy judgeship for the 

22 eastern district of Virginia. 

23 (9) Two additional bankruptcy judgeships for 

24 the eastern district of Michigan. 

25 (10) Two additional bankruptcy judgeships for 

26 the western district of Tennessee. 
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1 (11) One additional bankruptcy judgeship for 

2 the eastern and western districts of Arkansas. 

3 (12) Two additional bankruptcy judgeships for 

4 the district of Nevada. 

5 (13) One additional bankruptcy judgeship for 

6 the district of Utah. 

7 (14) Two additional bankruptcy judgeships for 

8 the middle district of Florida. 

9 (15) Two additional bankruptcy judgeships for 

10 the southern district of Florida. 

11 (16) Two additional bankruptcy judgeships for 

12 the northern district of Georgia. 

13 (17) One additional bankruptcy judgeship for 

14 the southern district of Georgia. 

15 SEC. 3. TEMPORARY BANKRUPTCY JUDGESHIPS. 

16 (a) AUTHORIZATION FOR ADDITIONAL TEMPORARY

17 BANKRUPTCY JUDGESHIPS.—The following judgeship po18 sitions shall be filled in the manner prescribed in section 

19 152(a)(1) of title 28, United States Code, for the appoint20 ment of bankruptcy judges provided for in section 

21 152(a)(2) of such title: 

22 (1) One additional bankruptcy judgeship for the 

23 district of Puerto Rico. 

24 (2) One additional bankruptcy judgeship for the 

25 northern district of New York. 
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1 (3) One additional bankruptcy judgeship for the 

2 middle district of Pennsylvania. 

3 (4) One additional bankruptcy judgeship for the 

4 district of Maryland. 

5 (5) One additional bankruptcy judgeship for the 

6 northern district of Mississippi. 

7 (6) One additional bankruptcy judgeship for the 

8 southern district of Mississippi. 

9 (7) One additional bankruptcy judgeship for the 

10 southern district of Georgia. 

11 (b) VACANCIES.—

12 (1) IN GENERAL.—The first vacancy occurring 

13 in the office of bankruptcy judge in each of the judi14 cial districts set forth in subsection (a)—

15 (A) occurring 5 years or more after the ap16 pointment date of the bankruptcy judge ap17 pointed under subsection (a) to such office; and 

18 (B) resulting from the death, retirement, 

19 resignation, or removal of a bankruptcy judge; 

20 shall not be filled. 

21 (2) TERM EXPIRATION.—In the case of a va22 cancy resulting from the expiration of the term of a 

23 bankruptcy judge not described in paragraph (1), 

24 that judge shall be eligible for reappointment as a 

25 bankruptcy judge in that district.
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1 (c) EXTENSION OF EXISTING TEMPORARY BANK2 RUPTCY JUDGESHIPS.—

3 (1) IN GENERAL.—The temporary bankruptcy 

4 judgeships authorized for the northern district of 

5 Alabama and the eastern district of Tennessee under 

6 paragraphs (1) and (9) of section 3(a) of the Bank7 ruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) 

8 are extended until the first vacancy occurring in the 

9 office of a bankruptcy judge in the applicable dis10 trict resulting from the death, retirement, resigna11 tion, or removal of a bankruptcy judge and occur12 ring 5 years or more after the date of enactment of 

13 this Act. 

14 (2) APPLICABILITY OF OTHER PROVISIONS.—

15 All other provisions of section 3 of the Bankruptcy 

16 Judgeship Act of 1992 (28 U.S.C. 152 note) remain 

17 applicable to the temporary bankruptcy judgeships 

18 referred to in this subsection. 

19 SEC. 4. TRANSFER OF BANKRUPTCY JUDGESHIP SHARED 

20 BY THE MIDDLE DISTRICT OF GEORGIA AND 

21 THE SOUTHERN DISTRICT OF GEORGIA. 

22 The bankruptcy judgeship presently shared by the 

23 southern district of Georgia and the middle district of 

24 Georgia shall be converted to a bankruptcy judgeship for 

25 the middle district of Georgia. 
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1 SEC. 5. CONVERSION OF EXISTING TEMPORARY BANK2 RUPTCY JUDGESHIPS. 

3 (a) DISTRICT OF DELAWARE.—The temporary bank4 ruptcy judgeship authorized for the district of Delaware 

5 pursuant to section 3 of the Bankruptcy Judgeship Act 

6 of 1992 (28 U.S.C. 152 note), shall be converted to a per7 manent bankruptcy judgeship. 

8 (b) DISTRICT OF PUERTO RICO.—The temporary 

9 bankruptcy judgeship authorized for the district of Puerto 

10 Rico pursuant to section 3 of the Bankruptcy Judgeship 

11 Act of 1992 (28 U.S.C. 152 note), shall be converted to 

12 a permanent bankruptcy judgeship. 

13 SEC. 6. TECHNICAL AMENDMENTS. 

14 Section 152(a)(2) of title 28, United States Code, is 

15 amended—

16 (1) in the item relating to the eastern and west17 ern districts of Arkansas, by striking ‘‘3’’ and insert18 ing ‘‘4’’; 

19 (2) in the item relating to the district of Dela20 ware, by striking ‘‘1’’ and inserting ‘‘6’’; 

21 (3) in the item relating to the middle district of 

22 Florida, by striking ‘‘8’’ and inserting ‘‘10’’; 

23 (4) in the item relating to the southern district 

24 of Florida, by striking ‘‘5’’ and inserting ‘‘7’’; 

25 (5) in the item relating to the northern district 

26 of Georgia, by striking ‘‘8’’ and inserting ‘‘10’’; 
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1 (6) in the item relating to the middle district of 

2 Georgia, by striking ‘‘2’’ and inserting ‘‘3’’; 

3 (7) in the item relating to the southern district 

4 of Georgia, by striking ‘‘2’’ and inserting ‘‘3’’; 

5 (8) in the collective item relating to the middle 

6 and southern districts of Georgia, by striking ‘‘Mid7 dle and Southern . . . . . . 1’’; 

8 (9) in the item relating to the district of Mary9 land, by striking ‘‘4’’ and inserting ‘‘7’’; 

10 (10) in the item relating to the eastern district 

11 of Michigan, by striking ‘‘4’’ and inserting ‘‘6’’; 

12 (11) in the item relating to the district of Ne13 vada, by striking ‘‘3’’ and inserting ‘‘5’’; 

14 (12) in the item relating to the district of New 

15 Jersey, by striking ‘‘8’’ and inserting ‘‘9’’; 

16 (13) in the item relating to the southern district 

17 of New York, by striking ‘‘9’’ and inserting ‘‘11’’; 

18 (14) in the item relating to the eastern district 

19 of North Carolina, by striking ‘‘2’’ and inserting 

20 ‘‘3’’; 

21 (15) in the item relating to the eastern district 

22 of Pennsylvania, by striking ‘‘5’’ and inserting ‘‘6’’; 

23 (16) in the item relating to the district of Puer24 to Rico, by striking ‘‘2’’ and inserting ‘‘3’’; 
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1 (17) in the item relating to the district of South 

2 Carolina, by striking ‘‘2’’ and inserting ‘‘3’’; 

3 (18) in the item relating to the western district 

4 of Tennessee, by striking ‘‘4’’ and inserting ‘‘6’’; 

5 (19) in the item relating to the district of Utah, 

6 by striking ‘‘3’’ and inserting ‘‘4’’; and 

7 (20) in the item relating to the eastern district 

8 of Virginia, by striking ‘‘5’’ and inserting ‘‘6’’.

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