II 

116TH CONGRESS 

2D SESSION S. 4996 

To ensure funding of the United States trustees, extend temporary bankruptcy 

judgeships, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 9, 2020 

Mr. GRAHAM (for himself, Mr. COONS, Mr. RUBIO, Mr. CARDIN, Mrs. BLACKBURN, and Mr. CARPER) introduced the following bill; which was read 

twice, considered, read the third time, and passed 

A BILL 

To ensure funding of the United States trustees, extend 

temporary 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 Adminis5 tration Improvement Act of 2020’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) Because of the importance of the goal that 

9 the bankruptcy system is self-funded, at no cost to 

10 the taxpayer, Congress has closely monitored the 


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1 funding needs of the bankruptcy system, including 

2 by requiring periodic reporting by the Attorney Gen3 eral regarding the United States Trustee System 

4 Fund. 

5 (2) Congress has amended the various bank6 ruptcy fees as necessary to ensure that the bank7 ruptcy system remains self-supporting, while also 

8 fairly allocating the costs of the system among those 

9 who use the system. 

10 (3) Because the bankruptcy system is inter11 connected, the result has been a system of fees, in12 cluding filing fees, quarterly fees in chapter 11 

13 cases, and other fees, that together fund the courts, 

14 judges, United States trustees, and chapter 7 case 

15 trustees necessary for the bankruptcy system to 

16 function. 

17 (4) This Act and the amendments made by this 

18 Act— 

19 (A) ensure adequate funding of the United 

20 States trustees, supports the preservation of ex21 isting bankruptcy judgeships that are urgently 

22 needed to handle existing and anticipated in23 creases in business and consumer caseloads, 

24 and provides long-overdue additional compensa25 tion for chapter 7 case trustees whose caseloads 


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1 include chapter 11 reorganization cases that 

2 were converted to chapter 7 liquidation cases; 

3 and 

4 (B) confirm the longstanding intention of 

5 Congress that quarterly fee requirements re6 main consistent across all Federal judicial dis7 tricts. 

8 (b) PURPOSE.—The purpose of this Act and the 

9 amendments made by this Act is to further the long-stand10 ing goal of Congress of ensuring that the bankruptcy sys11 tem is self-funded, at no cost to the taxpayer. 

12 SEC. 3. UNITED STATES TRUSTEE SYSTEM FUND; BANK13 RUPTCY FEES. 

14 (a) DEPOSITS OF CERTAIN FEES FOR FISCAL YEARS

15 2021 THROUGH 2026.—Notwithstanding section 589a(b) 

16 of title 28, United States Code, for each of fiscal years 

17 2021 through 2026— 

18 (1) the fees collected under section 1930(a)(6) 

19 of such title, less the amount specified in subpara20 graph (2), shall be deposited as specified in sub21 section (b); and 

22 (2) $5,400,000 of the fees collected under sec23 tion 1930(a)(6) of such title shall be deposited in 

24 the general fund of the Treasury. 


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1 (b) UNITED STATES TRUSTEE SYSTEM FUND.—Sec2 tion 589a of title 28, United States Code, is amended by 

3 adding at the end the following: 

4 ‘‘(f)(1) During each of fiscal years 2021 through 

5 2026 and notwithstanding subsections (b) and (c), the fees 

6 collected under section 1930(a)(6), less the amount speci7 fied in paragraph (2), shall be deposited as follows, in the 

8 following order: 

9 ‘‘(A) First, the amounts specified in the De10 partment of Justice appropriations for that fiscal 

11 year, shall be deposited as discretionary offsetting 

12 collections to the ‘‘United States Trustee System 

13 Fund’’, pursuant to subsection (a), to remain avail14 able until expended. 

15 ‘‘(B) Second, the amounts determined annually 

16 by the Director of the Administrative Office of the 

17 United States Courts that are necessary to reim18 burse the judiciary for the costs of administering 

19 payments under section 330(e) of title 11, shall be 

20 deposited as mandatory offsetting collections to the 

21 ‘United States Trustee System Fund’, and trans22 ferred and deposited into the special fund estab23 lished under section 1931(a), and notwithstanding 

24 subsection (a), shall be available for expenditure 

25 without further appropriation. 


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1 ‘‘(C) Third, the amounts determined annually 

2 by the Director of the Administrative Office of the 

3 United States Courts that are necessary to pay 

4 trustee compensation authorized by section 

5 330(e)(2) of title 11, shall be deposited as manda6 tory offsetting collections to the ‘United States 

7 Trustee System Fund’, and transferred and depos8 ited into the Chapter 7 Trustee Fund established 

9 under section 330(e) of title 11 for payment to 

10 trustees serving in cases under chapter 7 of title 11 

11 (in addition to the amounts paid under section 

12 330(b) of title 11), in accordance with that section, 

13 and notwithstanding subsection (a), shall be avail14 able for expenditure without further appropriation. 

15 ‘‘(D) Fourth, any remaining amounts shall be 

16 deposited as discretionary offsetting collections to 

17 the ‘United States Trustee System Fund’, to remain 

18 available until expended. 

19 ‘‘(2) Notwithstanding subsection (b), for each of fis20 cal years 2021 through 2026, $5,400,000 of the fees col21 lected under section 1930(a)(6) shall be deposited in the 

22 general fund of the Treasury.’’. 

23 (c) COMPENSATION OF OFFICERS.—Section 330 of 

24 title 11, United States Code, is amended by adding at the 

25 end the following: 


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1 ‘‘(e)(1) There is established a fund in the Treasury 

2 of the United States, to be known as the ‘Chapter 7 Trust3 ee Fund’, which shall be administered by the Director of 

4 the Administrative Office of the United States Courts. 

5 ‘‘(2) Deposits into the Chapter 7 Trustee Fund under 

6 section 589a(f)(1)(C) of title 28 shall be available until 

7 expended for the purposes described in paragraph (3). 

8 ‘‘(3) For fiscal years 2021 through 2026, the Chapter 

9 7 Trustee Fund shall be available to pay the trustee serv10 ing in a case that is filed under chapter 7 or a case that 

11 is converted to a chapter 7 case in the most recent fiscal 

12 year (referred to in this subsection as a ‘chapter 7 case’) 

13 the amount described in paragraph (4) for the chapter 7 

14 case in which the trustee has rendered services in that fis15 cal year. 

16 ‘‘(4) The amount described in this paragraph shall 

17 be the lesser of— 

18 ‘‘(A) $60; or 

19 ‘‘(B) a pro rata share, for each chapter 7 case, 

20 of the fees collected under section 1930(a)(6) of title 

21 28 and deposited to the United States Trustee Sys22 tem Fund under section 589a(f)(1) of title 28, less 

23 the amounts specified in section 589a(f)(1)(A) and 

24 (B) of title 28. 


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1 ‘‘(5) The payment received by a trustee under para2 graph (3) shall be paid in addition to the amount paid 

3 under subsection (b). 

4 ‘‘(6) Not later than September 30, 2021, the Director 

5 of the Administrative Office of the United States Courts 

6 shall promulgate regulations for the administration of this 

7 subsection.’’. 

8 (d) BANKRUPTCY FEES.—Section 1930(a) of title 28, 

9 United States Code, is amended— 

10 (1) by striking paragraph (6)(B) and inserting 

11 the following: 

12 ‘‘(B)(i) During the 5-year period beginning 

13 on January 1, 2021, in addition to the filing fee 

14 paid to the clerk, a quarterly fee shall be paid 

15 to the United States trustee, for deposit in the 

16 Treasury, in each open and reopened case 

17 under chapter 11 of title 11, other than under 

18 subchapter V, for each quarter (including any 

19 fraction thereof) until the case is closed, con20 verted, or dismissed, whichever occurs first. 

21 ‘‘(ii) The fee shall be the greater of— 

22 ‘‘(I) 0.4 percent of disbursements or 

23 $250 for each quarter in which disburse24 ments total less than $1,000,000; and 


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1 ‘‘(II) 0.8 percent of disbursements but 

2 not more than $250,000 for each quarter 

3 in which disbursements total at least 

4 $1,000,000. 

5 ‘‘(iii) The fee shall be payable on the last 

6 day of the calendar month following the cal7 endar quarter for which the fee is owed.’’; and 

8 (2) in paragraph (7), in the first sentence, by 

9 striking ‘‘may’’ and inserting ‘‘shall’’. 

10 (e) APPLICABILITY.— 

11 (1) IN GENERAL.—Except as provided in para12 graph (2), the amendments made by this section 

13 shall take effect on the date of enactment of this 

14 Act. 

15 (2) EXCEPTIONS.— 

16 (A) COMPENSATION OF OFFICERS.—The 

17 amendments made by subsection (c) shall apply 

18 to any case filed on or after the date of enact19 ment of this Act— 

20 (i) under chapter 7 of title 11, United 

21 States Code; or 

22 (ii)(I) under chapter 11, 12, or 13 of 

23 that title; and 

24 (II) converted to a chapter 7 case 

25 under that title. 


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1 (B) BANKRUPTCY FEES.—The amend2 ments made by subsection (d) shall apply to— 

3 (i) any case pending under chapter 11 

4 of title 11, United States Code, on or after 

5 the date of enactment of this Act; and 

6 (ii) quarterly fees payable under sec7 tion 1930(a)(6) of title 28, United States 

8 Code, as amended by subsection (d), for 

9 disbursements made in any calendar quar10 ter that begins on or after the date of en11 actment of this Act. 

12 SEC. 4. EXTENSION OF TEMPORARY OFFICE OF BANK13 RUPTCY JUDGES IN CERTAIN JUDICIAL DIS14 TRICTS. 

15 (a) TEMPORARY OFFICE OF BANKRUPTCY JUDGES

16 AUTHORIZED BY THE BANKRUPTCY JUDGESHIP ACT OF

17 2017.— 

18 (1) EXTENSIONS.—The temporary office of 

19 bankruptcy judges authorized by section 1003(a) of 

20 the Bankruptcy Judgeship Act of 2017 (28 U.S.C. 

21 152 note) for the district of Delaware and the east22 ern district of Michigan are extended until the appli23 cable vacancy specified in paragraph (2) in the office 

24 of a bankruptcy judge for the respective district oc25 curs. 


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1 (2) VACANCIES.— 

2 (A) DISTRICT OF DELAWARE.—The 1st 

3 and 2d vacancies in the office of a bankruptcy 

4 judge for the district of Delaware— 

5 (i) occurring 5 years or more after the 

6 date established by section 1003(b)(1) of 

7 the Bankruptcy Judgeship Act of 2017 (28 

8 U.S.C. 152 note), and 

9 (ii) resulting from the death, retire10 ment, resignation, or removal of a bank11 ruptcy judge, 

12 shall not be filled. 

13 (B) EASTERN DISTRICT OF MICHIGAN.— 

14 The 1st vacancy in the office of a bankruptcy 

15 judge for the eastern district of Michigan— 

16 (i) occurring 5 years or more after the 

17 date established by section 1003(b)(3) of 

18 the Bankruptcy Judgeship Act of 2017 (28 

19 U.S.C. 152 note), and 

20 (ii) resulting from the death, retire21 ment, resignation, or removal of a bank22 ruptcy judge, 

23 shall not be filled. 

24 (3) APPLICABILITY OF OTHER PROVISIONS.— 

25 Except as provided in paragraphs (1) and (2), all 


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1 other provisions of section 1003 of the Bankruptcy 

2 Judgeship Act of 2017 (28 U.S.C. 152 note) remain 

3 applicable to the temporary office of bankruptcy 

4 judges referred to in paragraph (1). 

5 (b) TEMPORARY OFFICE OF BANKRUPTCY JUDGES

6 AUTHORIZED BY THE BANKRUPTCY JUDGESHIP ACT OF

7 2005 AND EXTENDED BY THE TEMPORARY BANKRUPTCY

8 JUDGESHIPS EXTENSION ACT OF 2012 AND THE BANK9 RUPTCY JUDGESHIP ACT OF 2017.— 

10 (1) EXTENSIONS.—The temporary office of 

11 bankruptcy judges authorized for the following dis12 tricts by section 1223(b) of the Bankruptcy Judge13 ship Act of 2005 (28 U.S.C. 152 note), extended by 

14 section 2(a) of the Temporary Bankruptcy Judge15 ships Extension Act of 2012 (28 U.S.C. 152 note), 

16 and further extended by section 1002(a) of the 

17 Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 

18 note) are extended until the applicable vacancy spec19 ified in paragraph (2) in the office of a bankruptcy 

20 judge for the respective district occurs: 

21 (A) The district of Delaware. 

22 (B) The southern district of Florida. 

23 (C) The district of Maryland. 

24 (D) The eastern district of Michigan. 

25 (E) The district of Nevada. 


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1 (F) The eastern district of North Carolina. 

2 (G) The district of Puerto Rico. 

3 (H) The eastern district of Virginia. 

4 (2) VACANCIES.— 

5 (A) SINGLE VACANCIES.—Except as pro6 vided in subparagraphs (B), (C), (D), (E), and 

7 (F), the 1st vacancy in the office of a bank8 ruptcy judge for each district specified in para9 graph (1)— 

10 (i) occurring 5 years or more after the 

11 date established by section 1002(a)(2) of 

12 the Bankruptcy Judgeship Act of 2017 (28 

13 U.S.C. 152 note), and 

14 (ii) resulting from the death, retire15 ment, resignation, or removal of a bank16 ruptcy judge, 

17 shall not be filled. 

18 (B) DISTRICT OF DELAWARE.—The 3d, 

19 4th, 5th, and 6th vacancies in the office of a 

20 bankruptcy judge for the district of Delaware— 

21 (i) occurring 5 years or more after the 

22 date established by section 1002(a)(2) of 

23 Bankruptcy Judgeship Act of 2017 (28 

24 U.S.C. 152 note), and 


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1 (ii) resulting from the death, retire2 ment, resignation, or removal of a bank3 ruptcy judge, 

4 shall not be filled. 

5 (C) SOUTHERN DISTRICT OF FLORIDA.— 

6 The 1st and 2d vacancies in the office of a 

7 bankruptcy judge for the southern district of 

8 Florida— 

9 (i) occurring 5 years or more after the 

10 date established by section 1002(a)(2) of 

11 the Bankruptcy Judgeship Act of 2017 (28 

12 U.S.C. 152 note), and 

13 (ii) resulting from the death, retire14 ment, resignation, or removal of a bank15 ruptcy judge, 

16 shall not be filled. 

17 (D) DISTRICT OF MARYLAND.—The 1st 

18 vacancy in the office of a bankruptcy judge for 

19 the district of Maryland— 

20 (i) occurring 5 years or more after the 

21 date established by section 1002(a)(2) of 

22 the Bankruptcy Judgeship Act of 2017 (28 

23 U.S.C. 152 note), and 


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1 (ii) resulting from the death, retire2 ment, resignation, or removal of a bank3 ruptcy judge, 

4 shall not be filled. 

5 (E) EASTERN DISTRICT OF MICHIGAN.— 

6 The 2d vacancy in the office of a bankruptcy 

7 judge for the eastern district of Michigan— 

8 (i) occurring 5 years or more after the 

9 date established by section 1002(a)(2) of 

10 the Bankruptcy Judgeship Act of 2017 (28 

11 U.S.C. 152 note), and 

12 (ii) resulting from the death, retire13 ment, resignation, or removal of a bank14 ruptcy judge, 

15 shall not be filled. 

16 (F) DISTRICT OF PUERTO RICO.—The 1st 

17 vacancy in the office of a bankruptcy judge for 

18 the district of Puerto Rico— 

19 (i) occurring 5 years or more after the 

20 date established by section 1002(a)(2) of 

21 the Bankruptcy Judgeship Act of 2017 (28 

22 U.S.C. 152 note), and 

23 (ii) resulting from the death, retire24 ment, resignation, or removal of a bank25 ruptcy judge, 


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1 shall not be filled. 

2 (3) APPLICABILITY OF OTHER PROVISIONS.— 

3 Except as provided in paragraphs (1) and (2), all 

4 other provisions of section 1223 of the Bankruptcy 

5 Judgeship Act of 2005 (28 U.S.C. 152 note), section 

6 2 of the Temporary Bankruptcy Judgeships Exten7 sion Act of 2012 (28 U.S.C. 152 note), and section 

8 1002 of the Bankruptcy Judgeship Act of 2017 (28 

9 U.S.C. 152 note) remain applicable to the temporary 

10 office of bankruptcy judges referred to in paragraph 

11 (1). 

12 (c) TEMPORARY OFFICE OF BANKRUPTCY JUDGES

13 AUTHORIZED BY THE BANKRUPTCY JUDGESHIP ACT OF

14 2005 AND EXTENDED BY THE TEMPORARY BANKRUPTCY

15 JUDGESHIPS EXTENSION ACT OF 2012.— 

16 (1) EXTENSIONS.—The temporary office of 

17 bankruptcy judges authorized for the following dis18 tricts by section 1223(b) of the Bankruptcy Judge19 ship Act of 2005 (28 U.S.C. 152 note) and extended 

20 by section 2(a) of the Temporary Bankruptcy 

21 Judgeships Extension Act of 2012 (28 U.S.C. 152 

22 note) are extended until the applicable vacancy spec23 ified in paragraph (2) in the office of a bankruptcy 

24 judge for the respective district occurs: 

25 (A) The southern district of Georgia. 


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1 (B) The district of Maryland. 

2 (C) The district of New Jersey. 

3 (D) The northern district of New York. 

4 (E) The district of South Carolina. 

5 (2) VACANCIES.— 

6 (A) SINGLE VACANCIES.—Except as pro7 vided in subparagraph (B), the 1st vacancy in 

8 the office of a bankruptcy judge for each dis9 trict specified in paragraph (1)— 

10 (i) occurring 5 years or more after the 

11 date of the enactment of this Act, and 

12 (ii) resulting from the death, retire13 ment, resignation, or removal of a bank14 ruptcy judge, 

15 shall not be filled. 

16 (B) DISTRICT OF MARYLAND.—The 2d 

17 and 3d vacancies in the office of a bankruptcy 

18 judge for the district of Maryland— 

19 (i) occurring 5 years or more after the 

20 date of the enactment of this Act, and 

21 (ii) resulting from the death, retire22 ment, resignation, or removal of a bank23 ruptcy judge, 

24 shall not be filled. 


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1 (3) APPLICABILITY OF OTHER PROVISIONS.— 

2 Except as provided in paragraphs (1) and (2), all 

3 other provisions of section 1223 of the Bankruptcy 

4 Judgeship Act of 2005 (28 U.S.C. 152 note) and 

5 section 2 of the Temporary Bankruptcy Judgeships 

6 Extension Act of 2012 (28 U.S.C. 152 note) remain 

7 applicable to the temporary office of bankruptcy 

8 judges referred to in paragraph (1). 

9 (d) TEMPORARY OFFICE OF BANKRUPTCY JUDGES

10 AUTHORIZED BY THE BANKRUPTCY JUDGESHIP ACT OF

11 1992 AND EXTENDED BY THE BANKRUPTCY JUDGESHIP

12 ACT OF 2005, THE TEMPORARY BANKRUPTCY JUDGE13 SHIPS EXTENSION ACT OF 2012, AND THE BANKRUPTCY

14 JUDGESHIP ACT OF 2017.— 

15 (1) EXTENSIONS.—The temporary office of 

16 bankruptcy judges authorized by section 3(a) of the 

17 Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 

18 note), extended by section 1223(c) of Bankruptcy 

19 Judgeship Act of 2005 (28 U.S.C. 152 note), ex20 tended by section 2(b) of the Temporary Bankruptcy 

21 Judgeships Extension Act of 2012 (28 U.S.C. 152 

22 note), and further extended by section 1002(b) of 

23 the Bankruptcy Judgeship Act of 2017 (28 U.S.C. 

24 152 note) for the district of Delaware and the dis25 trict of Puerto Rico are extended until the applicable 


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1 vacancy specified in paragraph (2) in the office of a 

2 bankruptcy judge for the respective district occurs. 

3 (2) VACANCIES.— 

4 (A) DISTRICT OF DELAWARE.—The 7th 

5 vacancy in the office of a bankruptcy judge for 

6 the district of Delaware— 

7 (i) occurring 5 years or more after the 

8 date established by section 1002(b)(2) of 

9 the Bankruptcy Judgeship Act of 2017 (28 

10 U.S.C. 152 note), and 

11 (ii) resulting from the death, retire12 ment, resignation, or removal of a bank13 ruptcy judge, 

14 shall not be filled. 

15 (B) DISTRICT OF PUERTO RICO.—The 2d 

16 vacancy in the office of a bankruptcy judge for 

17 the district of Puerto Rico— 

18 (i) occurring 5 years or more after the 

19 date established by section 1002(b)(2) of 

20 the Bankruptcy Judgeship Act of 2017 (28 

21 U.S.C. 152 note), and 

22 (ii) resulting from the death, retire23 ment, resignation, or removal of a bank24 ruptcy judge, 

25 shall not be filled. 


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1 (3) APPLICABILITY OF OTHER PROVISIONS.— 

2 Except as provided in paragraphs (1) and (2), all 

3 other provisions of section 3 of the Bankruptcy 

4 Judgeship Act of 1992 (28 U.S.C. 152 note), section 

5 1223 of Bankruptcy Judgeship Act of 2005 (28 

6 U.S.C. 152 note), section 2 of the Temporary Bank7 ruptcy Judgeships Extension Act of 2012 (28 

8 U.S.C. 152 note), and section 1002 of the Bank9 ruptcy Judgeship Act of 2017 (28 U.S.C. 152 note) 

10 remain applicable to the temporary office of bank11 ruptcy judges referred to in paragraph (1). 

12 (e) TEMPORARY OFFICE OF BANKRUPTCY JUDGE

13 AUTHORIZED BY THE BANKRUPTCY JUDGESHIP ACT OF

14 1992 AND EXTENDED BY THE BANKRUPTCY JUDGESHIP

15 ACT OF 2005 AND THE TEMPORARY BANKRUPTCY

16 JUDGESHIPS EXTENSION ACT OF 2012.— 

17 (1) EXTENSIONS.—The temporary office of 

18 bankruptcy judge authorized by section 3(a) of the 

19 Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 

20 note), extended by section 1223(c) of the Bank21 ruptcy Judgeship Act of 2005 (28 U.S.C. 152 note), 

22 and further extended by section 2(b) of the Tem23 porary Bankruptcy Judgeships Extension Act of 

24 2012 (28 U.S.C. 152 note) for the eastern district 

25 of Tennessee is extended until the applicable vacancy 


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1 specified in paragraph (2) in the office of a bank2 ruptcy judge for the district occurs. 

3 (2) VACANCY.—The 1st vacancy in the office of 

4 a bankruptcy judge for the eastern district of Ten5 nessee— 

6 (A) occurring 5 years or more after the 

7 date of the enactment of this Act, and 

8 (B) resulting from the death, retirement, 

9 resignation, or removal of a bankruptcy judge, 

10 shall not be filled. 

11 (3) APPLICABILITY OF OTHER PROVISIONS.— 

12 Except as provided in paragraphs (1) and (2), all 

13 other provisions of section 3 of the Bankruptcy 

14 Judgeship Act of 1992 (28 U.S.C. 152 note), section 

15 1223 of the Bankruptcy Judgeship Act of 2005 (28 

16 U.S.C. 152 note), and section 2 of the Temporary 

17 Bankruptcy Judgeships Extension Act of 2012 (28 

18 U.S.C. 152 note) remain applicable to the temporary 

19 office of bankruptcy judge referred to in paragraph 

20 (1). 

21 (f) TEMPORARY OFFICE OF BANKRUPTCY JUDGE

22 AUTHORIZED BY THE BANKRUPTCY JUDGESHIP ACT OF

23 1992 AND EXTENDED BY THE TEMPORARY BANKRUPTCY

24 JUDGESHIPS EXTENSION ACT OF 2012.— 


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1 (1) EXTENSIONS.—The temporary office of 

2 bankruptcy judge authorized by section 3(a) of the 

3 Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 

4 note) and extended by section 2(c) of the Temporary 

5 Bankruptcy Judgeships Extension Act of 2012 (28 

6 U.S.C. 152 note) for the middle district of North 

7 Carolina is extended until the applicable vacancy 

8 specified in paragraph (2) in the office of a bank9 ruptcy judge for the district occurs. 

10 (2) VACANCY.—The 1st vacancy in the office of 

11 a bankruptcy judge for the middle district of North 

12 Carolina— 

13 (A) occurring 5 years or more after the 

14 date of the enactment of this Act, and 

15 (B) resulting from the death, retirement, 

16 resignation, or removal of a bankruptcy judge, 

17 shall not be filled. 

18 (3) APPLICABILITY OF OTHER PROVISIONS.— 

19 Except as provided in paragraphs (1) and (2), all 

20 other provisions of section 3 of the Bankruptcy 

21 Judgeship Act of 1992 (28 U.S.C. 152 note) and 

22 section 2 of the Temporary Bankruptcy Judgeships 

23 Extension Act of 2012 (28 U.S.C. 152 note) (28 

24 U.S.C. 152 note) remain applicable to the temporary 


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1 office of bankruptcy judge referred to in paragraph 

2 (1). 

3 SEC. 5. REGULATIONS. 

4 Section 375(h) of title 28, United States Code, is 

5 amended by striking ‘‘may’’ and inserting ‘‘shall’’. 

Æ 


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