H. R. 4967 

One Hundred Twelfth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the third day of January, two thousand and twelve 

An Act 

To prevent the termination of the temporary office of bankruptcy judges in certain 

judicial districts. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Temporary Bankruptcy Judgeships Extension Act of 2012’’. 

SEC. 2. EXTENSION OF TEMPORARY OFFICE OF BANKRUPTCY JUDGES 

IN CERTAIN JUDICIAL DISTRICTS. 

(a) TEMPORARY OFFICE OF BANKRUPTCY JUDGES AUTHORIZED

BY PUBLIC LAW 109–8.— 

(1) EXTENSIONS.—The temporary office of bankruptcy 

judges authorized for the following districts by section 1223(b) 

of Public Law 109–8 (28 U.S.C. 152 note) are extended until 

the applicable vacancy specified in paragraph (2) in the office 

of a bankruptcy judge for the respective district occurs: 

(A) The central district of California. 

(B) The eastern district of California. 

(C) The district of Delaware. 

(D) The southern district of Florida. 

(E) The southern district of Georgia. 

(F) The district of Maryland. 

(G) The eastern district of Michigan. 

(H) The district of New Jersey. 

(I) The northern district of New York. 

(J) The eastern district of North Carolina. 

(K) The eastern district of Pennsylvania. 

(L) The middle district of Pennsylvania. 

(M) The district of Puerto Rico. 

(N) The district of South Carolina. 

(O) The western district of Tennessee. 

(P) The eastern district of Virginia. 

(Q) The district of Nevada. 

(2) VACANCIES.— (A) SINGLE VACANCIES.—Except as provided in subparagraphs (B), (C), (D), and (E), the 1st vacancy in the 

office of a bankruptcy judge for each district specified in 

paragraph (1)— 

(i) occurring more than 5 years after the date 

of the enactment of this Act, and 

(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, 
H. R. 4967—2 

shall not be filled. 

(B) CENTRAL DISTRICT OF CALIFORNIA.—The 1st, 2d, 

and 3d vacancies in the office of a bankruptcy judge for 

the central district of California— 

(i) occurring 5 years or more after the date of 

the enactment of this Act, and 

(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, 

shall not be filled. 

(C) DISTRICT OF DELAWARE.—The 1st, 2d, 3d, and 4th 

vacancies in the office of a bankruptcy judge for the district 

of Delaware— 

(i) occurring more than 5 years after the date 

of the enactment of this Act, and 

(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, 

shall not be filled. 

(D) SOUTHERN DISTRICT OF FLORIDA.—The 1st and 2d 

vacancies in the office of a bankruptcy judge for the 

southern district of Florida— 

(i) occurring more than 5 years after the date 

of the enactment of this Act, and 

(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, 

shall not be filled. 

(E) DISTRICT OF MARYLAND.—The 1st, 2d, and 3d 

vacancies in the office of a bankruptcy judge for the district 

of Maryland— 

(i) occurring more than 5 years after the date 

of the enactment of this Act, and 

(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, 

shall not be filled. 

(3) APPLICABILITY OF OTHER PROVISIONS.—Except as provided in paragraphs (1) and (2), all other provisions of section 

1223(b) of Public Law 109–8 (28 U.S.C. 152 note) remain 

applicable to the temporary office of bankruptcy judges referred 

to in paragraph (1). 

(b) TEMPORARY OFFICE OF BANKRUPTCY JUDGES EXTENDED BY

PUBLIC LAW 109–8.— 

(1) EXTENSIONS.—The temporary office of bankruptcy 

judges authorized by section 3 of the Bankruptcy Judgeship 

Act of 1992 (28 U.S.C. 152 note) and extended by section 

1223(c) of Public Law 109–8 (28 U.S.C. 152 note) for the district 

of Delaware, the district of Puerto Rico, and the eastern district 

of Tennessee are extended until the applicable vacancy specified 

in paragraph (2) in the office of a bankruptcy judge for the 

respective district occurs. 

(2) VACANCIES.— 

(A) DISTRICT OF DELAWARE.—The 5th vacancy in the 

office of a bankruptcy judge for the district of Delaware— 

(i) occurring more than 5 years after the date 

of the enactment of this Act, and 

(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, 

shall not be filled. 
H. R. 4967—3 

(B) DISTRICT OF PUERTO RICO.—The 2d vacancy in the 

office of a bankruptcy judge for the district of Puerto Rico— 

(i) occurring more than 5 years after the date 

of the enactment of this Act, and 

(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, 

shall not be filled. 

(C) EASTERN DISTRICT OF TENNESSEE.—The 1st vacancy 

in the office of a bankruptcy judge for the eastern district 

of Tennessee— 

(i) occurring more than 5 years after the date 

of the enactment of this Act, and 

(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, 

shall not be filled. 

(3) APPLICABILITY OF OTHER PROVISIONS.—Except as provided in paragraphs (1) and (2), all other provisions of section 

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

note) and section 1223(c) of Public Law 109–8 (28 U.S.C. 152 

note) remain applicable to the temporary office of bankruptcy 

judges referred to in paragraph (1). 

(c) TEMPORARY OFFICE OF THE BANKRUPTCY JUDGE AUTHORIZED

BY PUBLIC LAW 102–361 FOR THE MIDDLE DISTRICT OF NORTH

CAROLINA.— 

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

judge authorized by section 3 of the Bankruptcy Judgeship 

Act of 1992 (28 U.S.C. 152 note) for the middle district of 

North Carolina is extended until the vacancy specified in paragraph (2) occurs. 

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

judge for the middle district of North Carolina— 

(A) occurring more than 5 years after the date of 

the enactment of this Act, and 

(B) resulting from the death, retirement, resignation, 

or removal of a bankruptcy judge, 

shall not be filled. 

(3) APPLICABILITY OF OTHER PROVISIONS.—Except as provided in paragraphs (1) and (2), all other provisions of section 

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

note) remain applicable to the temporary office of the bankruptcy judge referred to in paragraph (1). 

SEC. 3. BANKRUPTCY FILING FEE INCREASE. 

(a) BANKRUPTCY FILING FEES.—Section 1930(a)(3) of title 28, 

United States Code, is amended by striking ‘‘$1,000’’ and inserting 

‘‘$1,167’’. 

(b) UNITED STATES TRUSTEE SYSTEM FUND.—Section 589a(b)(2) 

of title 28, United States Code, is amended by striking ‘‘55’’ and 

inserting ‘‘48.89’’. 

(c) COLLECTION AND DEPOSIT OF MISCELLANEOUS BANKRUPTCY

FEES.—Section 406(b) of the Judiciary Appropriations Act, 1990 

(28 U.S.C. 1931 note) is amended by striking ‘‘25’’ and inserting 

‘‘33.33’’. 

(d) PAYGO OFFSET EXPENDITURE LIMITATION.—$42 of the incremental amounts collected by reason of the enactment of subsection 

(a) shall be deposited in a special fund in the Treasury to be 

established after the date of enactment of this Act. Such amounts 
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shall be available for the purposes specified in section 1931(a) 

of title 28, United States Code, but only to the extent specifically 

appropriated by an Act of Congress enacted after the date of enactment of this Act. 

(e) EFFECTIVE DATE.—This section and the amendments made 

by this section shall take effect 180 days after the date of enactment 

of this Act. 

SEC. 4. SUBSEQUENT REAUTHORIZATION. 

Prior to further reauthorization of any judgeship authorized 

by this Act, the Committee on the Judiciary of the Senate and 

House of Representatives shall conduct a review of the bankruptcy 

judgeships authorized by this Act to determine the need, if any, 

for continued reauthorization of each judgeship, to evaluate any 

changes in all bankruptcy case filings and their effect, if any, 

on filing fee revenue, and to require the Administrative Office 

of the Courts to submit a report to the Committee on the Judiciary 

of the Senate and House of Representatives on bankruptcy case 

workload, bankruptcy judgeship costs, and filing fee revenue. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.