II 

112TH CONGRESS 

2D SESSION H. R. 4967 

IN THE SENATE OF THE UNITED STATES 

MAY 10, 2012 

Received 

AN ACT 

To prevent the termination of the temporary office of 

bankruptcy judges in certain judicial districts. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Temporary Bank3 ruptcy Judgeships Extension Act of 2012’’. 

4 SEC. 2. EXTENSION OF TEMPORARY OFFICE OF BANK5 RUPTCY JUDGES IN CERTAIN JUDICIAL DIS6 TRICTS. 

7 (a) TEMPORARY OFFICE OF BANKRUPTCY JUDGES

8 AUTHORIZED BY PUBLIC LAW 109–8.— 

9 (1) EXTENSIONS.—The temporary office of 

10 bankruptcy judges authorized for the following dis11 tricts by section 1223(b) of Public Law 109–8 (28 

12 U.S.C. 152 note) are extended until the applicable 

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

14 bankruptcy judge for the respective district occurs: 

15 (A) The central district of California. 

16 (B) The eastern district of California. 

17 (C) The district of Delaware. 

18 (D) The southern district of Florida. 

19 (E) The southern district of Georgia. 

20 (F) The district of Maryland. 

21 (G) The eastern district of Michigan. 

22 (H) The district of New Jersey. 

23 (I) The northern district of New York. 

24 (J) The eastern district of North Carolina. 

25 (K) The eastern district of Pennsylvania. 

26 (L) The middle district of Pennsylvania. 


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1 (M) The district of Puerto Rico. 

2 (N) The district of South Carolina. 

3 (O) The western district of Tennessee. 

4 (P) The eastern district of Virginia. 

5 (Q) The district of Nevada. 

6 (2) VACANCIES.— 

7 (A) SINGLE VACANCIES.—Except as pro8 vided in subparagraphs (B), (C), (D), and (E), 

9 the 1st vacancy in the office of a bankruptcy 

10 judge for each district specified in paragraph 

11 (1)— 

12 (i) occurring more than 5 years after 

13 the date of the enactment of this Act, and 

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

17 shall not be filled. 

18 (B) CENTRAL DISTRICT OF CALIFORNIA.— 

19 The 1st, 2d, and 3d vacancies in the office of 

20 a bankruptcy judge for the central district of 

21 California— 

22 (i) occurring 5 years or more after the 

23 date of the enactment of this Act, 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) DISTRICT OF DELAWARE.—The 1st, 

6 2d, 3d, and 4th vacancies in the office of a 

7 bankruptcy judge for the district of Delaware— 

8 (i) occurring more than 5 years after 

9 the date of the enactment of this Act, and 

10 (ii) resulting from the death, retire11 ment, resignation, or removal of a bank12 ruptcy judge, 

13 shall not be filled. 

14 (D) SOUTHERN DISTRICT OF FLORIDA.— 

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

16 bankruptcy judge for the southern district of 

17 Florida— 

18 (i) occurring more than 5 years after 

19 the date of the enactment of this Act, and 

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

23 shall not be filled. 


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1 (E) DISTRICT OF MARYLAND.—The 1st, 

2 2d, and 3d vacancies in the office of a bank3 ruptcy judge for the district of Maryland— 

4 (i) occurring more than 5 years after 

5 the date of the enactment of this Act, and 

6 (ii) resulting from the death, retire7 ment, resignation, or removal of a bank8 ruptcy judge, 

9 shall not be filled. 

10 (3) APPLICABILITY OF OTHER PROVISIONS.— 

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

12 other provisions of section 1223(b) of Public Law 

13 109–8 (28 U.S.C. 152 note) remain applicable to the 

14 temporary office of bankruptcy judges referred to in 

15 paragraph (1). 

16 (b) TEMPORARY OFFICE OF BANKRUPTCY JUDGES

17 EXTENDED BY PUBLIC LAW 109–8.— 

18 (1) EXTENSIONS.—The temporary office of 

19 bankruptcy judges authorized by section 3 of the 

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

21 note) and extended by section 1223(c) of Public Law 

22 109–8 (28 U.S.C. 152 note) for the district of Dela23 ware, the district of Puerto Rico, and the eastern 

24 district of Tennessee are extended until the applica25 ble vacancy specified in paragraph (2) in the office 


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1 of a bankruptcy judge for the respective district oc2 curs. 

3 (2) VACANCIES.— 

4 (A) DISTRICT OF DELAWARE.—The 5th 

5 vacancy in the office of a bankruptcy judge for 

6 the district of Delaware— 

7 (i) occurring more than 5 years after 

8 the date of the enactment of this Act, and 

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

12 shall not be filled. 

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

14 vacancy in the office of a bankruptcy judge for 

15 the district of Puerto Rico— 

16 (i) occurring more than 5 years after 

17 the date of the enactment of this Act, and 

18 (ii) resulting from the death, retire19 ment, resignation, or removal of a bank20 ruptcy judge, 

21 shall not be filled. 

22 (C) EASTERN DISTRICT OF TENNESSEE.— 

23 The 1st vacancy in the office of a bankruptcy 

24 judge for the eastern district of Tennessee— 


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1 (i) occurring more than 5 years after 

2 the date of the enactment of this Act, and 

3 (ii) resulting from the death, retire4 ment, resignation, or removal of a bank5 ruptcy judge, 

6 shall not be filled. 

7 (3) APPLICABILITY OF OTHER PROVISIONS.— 

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

9 other provisions of section 3 of the Bankruptcy 

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

11 section 1223(c) of Public Law 109–8 (28 U.S.C. 

12 152 note) remain applicable to the temporary office 

13 of bankruptcy judges referred to in paragraph (1). 

14 (c) TEMPORARY OFFICE OF THE BANKRUPTCY

15 JUDGE AUTHORIZED BY PUBLIC LAW 102–361 FOR THE

16 MIDDLE DISTRICT OF NORTH CAROLINA.— 

17 (1) EXTENSION.—The temporary office of the 

18 bankruptcy judge authorized by section 3 of the 

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

20 note) for the middle district of North Carolina is ex21 tended until the vacancy specified in paragraph (2) 

22 occurs. 

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

24 a bankruptcy judge for the middle district of North 

25 Carolina— 


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1 (A) occurring more than 5 years after the 

2 date of the enactment of this Act, and 

3 (B) resulting from the death, retirement, 

4 resignation, or removal of a bankruptcy judge, 

5 shall not be filled. 

6 (3) APPLICABILITY OF OTHER PROVISIONS.— 

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

8 other provisions of section 3 of the Bankruptcy 

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

10 applicable to the temporary office of the bankruptcy 

11 judge referred to in paragraph (1). 

12 SEC. 3. BANKRUPTCY FILING FEE INCREASE. 

13 (a) BANKRUPTCY FILING FEES.—Section 1930(a)(3) 

14 of title 28, United States Code, is amended by striking 

15 ‘‘$1,000’’ and inserting ‘‘$1,167’’. 

16 (b) UNITED STATES TRUSTEE SYSTEM FUND.—Sec17 tion 589a(b)(2) of title 28, United States Code, is amend18 ed by striking ‘‘55’’ and inserting ‘‘48.89’’. 

19 (c) COLLECTION AND DEPOSIT OF MISCELLANEOUS

20 BANKRUPTCY FEES.—Section 406(b) of the Judiciary Ap21 propriations Act, 1990 (28 U.S.C. 1931 note) is amended 

22 by striking ‘‘25’’ and inserting ‘‘33.33’’. 

23 (d) PAYGO OFFSET EXPENDITURE LIMITATION.— 

24 $42 of the incremental amounts collected by reason of the 

25 enactment of subsection (a) shall be deposited in a special 


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1 fund in the Treasury to be established after the date of 

2 enactment of this Act. Such amounts shall be available 

3 for the purposes specified in section 1931(a) of title 28, 

4 United States Code, but only to the extent specifically ap5 propriated by an Act of Congress enacted after the date 

6 of enactment of this Act. 

7 (e) EFFECTIVE DATE.—This section and the amend8 ments made by this section shall take effect 180 days after 

9 the date of enactment of this Act. 

10 SEC. 4. SUBSEQUENT REAUTHORIZATION. 

11 Prior to further reauthorization of any judgeship au12 thorized by this Act, the Committee on the Judiciary of 

13 the Senate and House of Representatives shall conduct a 

14 review of the bankruptcy judgeships authorized by this Act 

15 to determine the need, if any, for continued reauthoriza16 tion of each judgeship, to evaluate any changes in all 

17 bankruptcy case filings and their effect, if any, on filing 

18 fee revenue, and to require the Administrative Office of 

19 the Courts to submit a report to the Committee on the 

20 Judiciary of the Senate and House of Representatives on 


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1 bankruptcy case workload, bankruptcy judgeship costs, 

2 and filing fee revenue. 

Passed the House of Representatives May 9, 2012. 

Attest: KAREN L. HAAS, 

Clerk. 


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