II 

115TH CONGRESS 

1ST SESSION S. 1107 

To amend title 28, United States Code, to authorize the appointment of 

additional bankruptcy judges, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 11, 2017 

Mr. COONS (for himself, Ms. STABENOW, Mr. RUBIO, Mr. NELSON, Mr. CARPER, Ms. CORTEZ MASTO, and Mr. HATCH) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

A BILL 

To amend title 28, United States Code, to authorize the 

appointment of additional bankruptcy judges, 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 2017’’. 


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1 SEC. 2. CONVERSION OF THE TEMPORARY OFFICE OF 

2 BANKRUPTCY JUDGE TO THE PERMANENT 

3 OFFICE OF BANKRUPTCY JUDGE IN CERTAIN 

4 JUDICIAL DISTRICTS. 

5 (a) DISTRICT OF DELAWARE.— 

6 (1) The temporary office of 4 bankruptcy 

7 judges authorized for the district of Delaware by 

8 section 1223(b)(1)(C) of the Bankruptcy Judgeship 

9 Act of 2005 (28 U.S.C. 152 note; Public Law 109– 

10 8), and extended by section 2(a)(1)(C) of the Tem11 porary Bankruptcy Judgeships Extension Act of 

12 2012 (28 U.S.C. 152 note; Public Law 112–121), is 

13 converted hereby to the permanent office of bank14 ruptcy judge, represented in the amendment made 

15 by section 3(1) of this Act, and may be filled. 

16 (2) The temporary office of bankruptcy judge 

17 authorized for the district of Delaware by section 

18 3(a)(3) of the Bankruptcy Judgeship Act of 1992 

19 (28 U.S.C. 152 note; Public Law 102–361), and ex20 tended by section 1223(c)(1) of the Bankruptcy 

21 Judgeship Act of 2005 (28 U.S.C. 152 note; Public 

22 Law 109–8) and section 2(b)(1) of the Temporary 

23 Bankruptcy Judgeships Extension Act of 2012 (28 

24 U.S.C. 152 note; Public Law 112–121), is converted 

25 hereby to the permanent office of bankruptcy judge, 


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1 represented in the amendment made by section 3(1) 

2 of this Act, and may be filled. 

3 (b) SOUTHERN DISTRICT OF FLORIDA.—The tem4 porary office of 2 bankruptcy judges authorized for the 

5 southern district of Florida by section 1223(b)(1)(D) of 

6 the Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 

7 note; Public Law 109–8), and extended by section 

8 2(a)(1)(D) of the Temporary Bankruptcy Judgeships Ex9 tension Act of 2012 (28 U.S.C. 152 note; Public Law 

10 112–121), is converted hereby to the permanent office of 

11 bankruptcy judge, represented in the amendment made by 

12 section 3(3) of this Act, and may be filled. 

13 (c) DISTRICT OF MARYLAND.—The temporary office 

14 of 1 bankruptcy judge first appointed as authorized for 

15 the district of Maryland by section 1223(b)(1)(F) of the 

16 Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note; 

17 Public Law 109–8), and extended by section 2(a)(1)(F) 

18 of the Temporary Bankruptcy Judgeships Extension Act 

19 of 2012 (28 U.S.C. 152 note; Public Law 112–121), is 

20 converted hereby to the permanent office of bankruptcy 

21 judge, represented in the amendment made by section 3(4) 

22 of this Act, and may be filled. 

23 (d) EASTERN DISTRICT OF MICHIGAN.—The tem24 porary office of bankruptcy judge authorized for the east25 ern district of Michigan by section 1223(b)(1)(G) of the 


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1 Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note; 

2 Public Law 109–8), and extended by section 2(a)(1)(G) 

3 of the Temporary Bankruptcy Judgeships Extension Act 

4 of 2012 (28 U.S.C. 152 note; Public Law 112–121), is 

5 converted hereby to the permanent office of bankruptcy 

6 judge, represented in the amendment made by section 3(5) 

7 of this Act, and may be filled. 

8 (e) DISTRICT OF NEVADA.—The temporary office of 

9 bankruptcy judge authorized for the district of Nevada by 

10 section 1223(b)(1)(T) of the Bankruptcy Judgeship Act 

11 of 2005 (28 U.S.C. 152 note; Public Law 109–8), and 

12 extended by section 2(a)(1)(Q) of the Temporary Bank13 ruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152 

14 note; Public Law 112–121), is converted hereby to the 

15 permanent office of bankruptcy judge, represented in the 

16 amendment made by section 3(6) of this Act, and may 

17 be filled. 

18 (f) EASTERN DISTRICT OF NORTH CAROLINA.—The 

19 temporary office of bankruptcy judge authorized for the 

20 eastern district of North Carolina by section 

21 1223(b)(1)(M) of the Bankruptcy Judgeship Act of 2005 

22 (28 U.S.C. 152 note; Public Law 109–8), and extended 

23 by section 2(a)(1)(J) of the Temporary Bankruptcy 

24 Judgeships Extension Act of 2012 (28 U.S.C. 152 note; 

25 Public Law 112–121), is converted hereby to the permaVerDate Sep 11 2014 02:25 May 13, 2017 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1107.IS S1107

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1 nent office of bankruptcy judge, represented in the amend2 ment made by section 3(7) of this Act, and may be filled. 

3 (g) DISTRICT OF PUERTO RICO.— 

4 (1) The temporary office of bankruptcy judge 

5 authorized for the district of Puerto Rico by section 

6 1223(b)(1)(P) of the Bankruptcy Judgeship Act of 

7 2005 (28 U.S.C. 152 note; Public Law 109–8), and 

8 extended by section 2(a)(1)(M) of the Temporary 

9 Bankruptcy Judgeships Extension Act of 2012 (28 

10 U.S.C. 152 note; Public Law 112–121), is converted 

11 hereby to the permanent office of bankruptcy judge, 

12 represented in the amendment made by section 3(8) 

13 of this Act, and may be filled. 

14 (2) The temporary office of bankruptcy judge 

15 authorized for the district of Puerto Rico by section 

16 3(a)(7) of the Bankruptcy Judgeship Act of 1992 

17 (28 U.S.C. 152 note; Public Law 102–361), and ex18 tended by section 1223(c)(1) of the Bankruptcy 

19 Judgeship Act of 2005 (28 U.S.C. 152 note; Public 

20 Law 109–8) and section 2(b)(1) of the Temporary 

21 Bankruptcy Judgeships Extension Act of 2012 (28 

22 U.S.C. 152 note; Public Law 112–121), is converted 

23 hereby to the permanent office of bankruptcy judge, 

24 is represented in the amendment made by section 

25 3(8) of this Act, and may be filled. 


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1 (h) EASTERN DISTRICT OF VIRGINIA.—The tem2 porary office of bankruptcy judge authorized for the east3 ern district of Virginia by section 1223(b)(1)(R) of the 

4 Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note; 

5 Public Law 109–8), and extended by section 2(a)(1)(P) 

6 of the Temporary Bankruptcy Judgeships Extension Act 

7 of 2012 (28 U.S.C. 152 note; Public Law 112–121), is 

8 converted hereby to the permanent office of bankruptcy 

9 judge, is represented in the amendment made by section 

10 3(9) of this Act, and may be filled. 

11 SEC. 3. PERMANENT OFFICE OF BANKRUPTCY JUDGE AU12 THORIZED. 

13 To reflect the conversion of the temporary office of 

14 bankruptcy judge to the permanent office of bankruptcy 

15 judge made by the operation of section 2, and to authorize 

16 the appointment of additional bankruptcy judges, section 

17 152(a)(2) of title 28, United States Code, is amended— 

18 (1) in the item relating to the district of Dela19 ware, by striking ‘‘1’’ and inserting ‘‘8’’; 

20 (2) in the item relating to the middle district of 

21 Florida, by striking ‘‘8’’ and inserting ‘‘9’’; 

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

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

24 (4) in the item relating to the district of Mary25 land, by striking ‘‘4’’ and inserting ‘‘5’’; 


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1 (5) in the item relating to the eastern district 

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

3 (6) in the item relating to the district of Ne4 vada, by striking ‘‘3’’ and inserting ‘‘4’’; 

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

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

7 ‘‘3’’; 

8 (8) in the item relating to the district of Puerto 

9 Rico, by striking ‘‘2’’ and inserting ‘‘4’’; and 

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

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

12 SEC. 4. BANKRUPTCY FEES. 

13 (a) AMENDMENTS TO TITLE 28 OF THE UNITED

14 STATES CODE.—Section 1930(a)(6) of title 28, United 

15 States Code, is amended— 

16 (1) by striking ‘‘(6) In’’ and inserting ‘‘(6)(A) 

17 Except as provided in subparagraph (B), in’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(B) In any fiscal year, the quarterly fee pay20 able for a quarter in which disbursements equal or 

21 exceed $1,000,000 shall be 1 percent of such dis22 bursements or $250,000, whichever is less, unless 

23 the balance in the United States Trustee System 

24 Fund as of September 30 immediately preceding 

25 such fiscal year exceeds $200,000,000.’’. 


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1 (b) DEPOSITS OF CERTAIN FEES FOR FISCAL YEARS

2 2018 THROUGH 2022.—Notwithstanding section 589a(b) 

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

4 2018 through 2022— 

5 (1) 97.5 percent of the fees collected under sec6 tion 1930(a)(6) of such title shall be deposited as 

7 offsetting collections to the appropriation ‘‘United 

8 States Trustee System Fund’’, to remain available 

9 until expended; and 

10 (2) 2.5 percent of the fees collected under sec11 tion 1930(a)(6) of such title shall be deposited in 

12 the general fund of the Treasury. 

13 (c) EFFECTIVE DATE; APPLICATION OF AMEND14 MENTS.— 

15 (1) EFFECTIVE DATE.—This section shall take 

16 effect on July 1, 2017, or on the date of enactment 

17 of this Act, whichever is later. 

18 (2) APPLICATION OF AMENDMENTS.—The 

19 amendments made by this section shall apply to 

20 quarterly fees payable under section 1930(a)(6) of 

21 title 28, United States Code, as amended by this 

22 section, for disbursements made in any calendar 

23 quarter that begins on or after the effective date of 

24 this section. 

Æ 


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