In the Senate of the United States, 

September 27, 2017. 

Resolved, That the bill from the House of Representatives (H.R. 2266) entitled ‘‘An Act to amend title 28 of the 

United States Code to authorize the appointment of additional bankruptcy judges; and for other purposes.’’, do pass 

with the following 

AMENDMENT: 

Strike all after the enacting clause and insert the 

following: 

1 SECTION 1. SHORT TITLE. 

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

3 Act of 2017’’. 

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

7 (a) TEMPORARY OFFICE OF BANKRUPTCY JUDGES AU8 THORIZED BY THE BANKRUPTCY JUDGESHIP ACT OF

9 2005.— 
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1 (1) EXTENSIONS.—The temporary office of bank2 ruptcy judges authorized for the following districts by 

3 subsection (b) of the Bankruptcy Judgeship Act of 

4 2005 (28 U.S.C. 152 note) are extended until the ap5 plicable vacancy specified in paragraph (2) in the of6 fice of a bankruptcy judge for the respective district 

7 occurs: 

8 (A) The district of Delaware. 

9 (B) The southern district of Florida. 

10 (C) The district of Maryland. 

11 (D) The eastern district of Michigan. 

12 (E) The district of Nevada. 

13 (F) The eastern district of North Carolina. 

14 (G) The district of Puerto Rico. 

15 (H) The eastern district of Virginia. 

16 (2) VACANCIES.— 

17 (A) SINGLE VACANCIES.—Except as pro18 vided in subparagraphs (B), (C), and (D), the 

19 1st vacancy in the office of a bankruptcy judge 

20 for each district specified in paragraph (1)— 

21 (i) occurring more than 5 years after 

22 the date of the enactment of this Act, 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 (B) DISTRICT OF DELAWARE.—The 1st, 2d, 

3 3d, and 4th vacancies in the office of a bank4 ruptcy judge for the district of Delaware— 

5 (i) occurring 5 years or more after the 

6 date of the enactment of this Act, and 

7 (ii) resulting from the death, retire8 ment, resignation, or removal of a bank9 ruptcy judge, 

10 shall not be filled. 

11 (C) DISTRICT OF MARYLAND.— 

12 (i) The 1st vacancy in the office of a 

13 bankruptcy judge for the district of Mary14 land— 

15 (I) occurring more than 5 years 

16 after the date of the enactment of this 

17 Act, and 

18 (II) resulting from the death, re19 tirement, resignation, or removal of a 

20 bankruptcy judge, 

21 shall not be filled. 

22 (ii) The 2d and 3d vacancies in the of23 fice of a bankruptcy judge for the district of 

24 Maryland resulting from the death, retire-
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1 ment, resignation, or removal of a bank2 ruptcy judge, shall not be filled. 

3 (D) SOUTHERN DISTRICT OF FLORIDA.— 

4 The 1st and 2d vacancies in the office of a bank5 ruptcy judge for the southern district of Flor6 ida— 

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 (3) APPLICABILITY OF PROVISIONS.—Except as 

14 provided in paragraphs (1) and (2), all other provi15 sions of subsection (b) of the Bankruptcy Judgeship 

16 Act of 2005 (28 U.S.C. 152 note) and section 2 of the 

17 Temporary Bankruptcy Judgeships Extension Act of 

18 2012 (28 U.S.C. 152 note) remain applicable to the 

19 temporary office of bankruptcy judges referred to in 

20 paragraph (1). 

21 (b) TEMPORARY OFFICE OF BANKRUPTCY JUDGES EX22 TENDED BY THE BANKRUPTCY JUDGESHIP ACT OF 2005 

23 AND THE TEMPORARY BANKRUPTCY JUDGESHIPS EXTEN24 SION ACT OF 2012.— 
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1 (1) EXTENSIONS.—The temporary office of bank2 ruptcy judges authorized by section 3 of the Bank3 ruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) 

4 and extended by subsection (c) of the Bankruptcy 

5 Judgeship Act of 2005 (28 U.S.C. 152 note) and fur6 ther extended by section 2 of the Temporary Bank7 ruptcy Judgeships Extension Act of 2012 (28 U.S.C. 

8 152 note) for the district of Delaware and the district 

9 of Puerto Rico are extended until the applicable va10 cancy specified in paragraph (2) in the office of a 

11 bankruptcy judge for the respective district occurs. 

12 (2) VACANCIES.— 

13 (A) DISTRICT OF DELAWARE.—The 5th va14 cancy in the office of a bankruptcy judge for the 

15 district of Delaware— 

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 (B) DISTRICT OF PUERTO RICO.—The 2d 

23 vacancy in the office of a bankruptcy judge for 

24 the district of Puerto Rico— 
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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.—Ex8 cept as provided in paragraphs (1) and (2), all other 

9 provisions of section 3 of the Bankruptcy Judgeship 

10 Act of 1992 (28 U.S.C. 152 note), subsection (c) of the 

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

12 note), and section 2 of the Temporary Bankruptcy 

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

14 note) remain applicable to the temporary office of 

15 bankruptcy judges referred to in paragraph (1). 

16 SEC. 3. TEMPORARY OFFICE OF BANKRUPTCY JUDGE AU17 THORIZED. 

18 (a) APPOINTMENTS.—The following bankruptcy judges 

19 shall be appointed in the manner prescribed in section 

20 152(a)(1) of title 28, United States Code, for the appoint21 ment of bankruptcy judges provided for in section 152(a)(2) 

22 of that title: 

23 (1) Two additional bankruptcy judges for the 

24 district of Delaware. 
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1 (2) One additional bankruptcy judge of the mid2 dle district of Florida. 

3 (3) One additional bankruptcy judge for the east4 ern district of Michigan. 

5 (b) VACANCIES.— 

6 (1) DISTRICT OF DELAWARE.—The 6th and 7th 

7 vacancies in the office of a bankruptcy judge for the 

8 district of Delaware— 

9 (A) occurring 5 years or more after the ap10 pointment date of the bankruptcy judge ap11 pointed under paragraph (1) to such office, and 

12 (B) resulting from the death, retirement, 

13 resignation, or removal of a bankruptcy judge, 

14 shall not be filled. 

15 (2) MIDDLE DISTRICT OF FLORIDA.—The 1st va16 cancy in the office of a bankruptcy judge for the mid17 dle district of Florida— 

18 (A) occurring 5 years or more after the ap19 pointment date of the bankruptcy judge ap20 pointed under paragraph (1) to such office, and 

21 (B) resulting from the death, retirement, 

22 resignation, or removal of a bankruptcy judge, 

23 shall not be filled. 
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1 (3) EASTERN DISTRICT OF MICHIGAN.—The 2d 

2 vacancy in the office of a bankruptcy judge for the 

3 eastern district of Michigan— 

4 (A) occurring 5 years or more after the ap5 pointment date of the bankruptcy judge ap6 pointed under paragraph (1) to such office, and 

7 (B) resulting from the death, retirement, 

8 resignation, or removal of a bankruptcy judge, 

9 shall not be filled. 

10 SEC. 4. BANKRUPTCY FEES. 

11 (a) AMENDMENTS TO TITLE 28 OF THE UNITED

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

13 States Code, is amended— 

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

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

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

17 ‘‘(B) During each of fiscal years 2018 through 

18 2022, if the balance in the United States Trustee Sys19 tem Fund as of September 30 of the most recent full 

20 fiscal year is less than $200,000,000, the quarterly fee 

21 payable for a quarter in which disbursements equal or 

22 exceed $1,000,000 shall be the lesser of 1 percent of 

23 such disbursements or $250,000.’’. 

24 (b) DEPOSITS OF CERTAIN FEES FOR FISCAL YEARS

25 2018 THROUGH 2022.—Notwithstanding section 589a(b) of 
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1 title 28, United States Code, for each of fiscal years 2018 

2 through 2022— 

3 (1) 98 percent of the fees collected under section 

4 1930(a)(6) of such title shall be deposited as offsetting 

5 collections to the appropriation ‘‘United States Trust6 ee System Fund’’, to remain available until expended; 

7 and 

8 (2) 2 percent of the fees collected under section 

9 1930(a)(6) of such title shall be deposited in the gen10 eral fund of the Treasury. 

11 (c) APPLICATION OF AMENDMENTS.—The amendments 

12 made by this section shall apply to quarterly fees payable 

13 under section 1930(a)(6) of title 28, United States Code, 

14 as amended by this section, for disbursements made in any 

15 calendar quarter that begins on or after the date of enact16 ment of this Act. 

17 SEC. 5. CLARIFICATION OF RULE ALLOWING DISCHARGE TO 

18 GOVERNMENTAL CLAIMS ARISING FROM THE 

19 DISPOSITION OF FARM ASSETS UNDER CHAP20 TER 12 BANKRUPTCIES. 

21 (a) IN GENERAL.—Subchapter II of chapter 12 of title 

22 11, United States Code, is amended by adding at the end 

23 the following: 
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1 ‘‘§ 1232. Claim by a governmental unit based on the 

2 disposition of property used in a farming 

3 operation 

4 ‘‘(a) Any unsecured claim of a governmental unit 

5 against the debtor or the estate that arises before the filing 

6 of the petition, or that arises after the filing of the petition 

7 and before the debtor’s discharge under section 1228, as a 

8 result of the sale, transfer, exchange, or other disposition 

9 of any property used in the debtor’s farming operation— 

10 ‘‘(1) shall be treated as an unsecured claim aris11 ing before the date on which the petition is filed; 

12 ‘‘(2) shall not be entitled to priority under sec13 tion 507; 

14 ‘‘(3) shall be provided for under a plan; and 

15 ‘‘(4) shall be discharged in accordance with sec16 tion 1228. 

17 ‘‘(b) For purposes of applying sections 1225(a)(4), 

18 1228(b)(2), and 1229(b)(1) to a claim described in sub19 section (a) of this section, the amount that would be paid 

20 on such claim if the estate of the debtor were liquidated 

21 in a case under chapter 7 of this title shall be the amount 

22 that would be paid by the estate in a chapter 7 case if the 

23 claim were an unsecured claim arising before the date on 

24 which the petition was filed and were not entitled to pri25 ority under section 507. 
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1 ‘‘(c) For purposes of applying sections 523(a), 

2 1228(a)(2), and 1228(c)(2) to a claim described in sub3 section (a) of this section, the claim shall not be treated 

4 as a claim of a kind specified in subparagraph (A) or (B) 

5 of section 523(a)(1). 

6 ‘‘(d)(1) A governmental unit may file a proof of claim 

7 for a claim described in subsection (a) that arises after the 

8 date on which the petition is filed. 

9 ‘‘(2) If a debtor files a tax return after the filing of 

10 the petition for a period in which a claim described in sub11 section (a) arises, and the claim relates to the tax return, 

12 the debtor shall serve notice of the claim on the govern13 mental unit charged with the responsibility for the collec14 tion of the tax at the address and in the manner designated 

15 in section 505(b)(1). Notice under this paragraph shall state 

16 that the debtor has filed a petition under this chapter, state 

17 the name and location of the court in which the case under 

18 this chapter is pending, state the amount of the claim, and 

19 include a copy of the filed tax return and documentation 

20 supporting the calculation of the claim. 

21 ‘‘(3) If notice of a claim has been served on the govern22 mental unit in accordance with paragraph (2), the govern23 mental unit may file a proof of claim not later than 180 

24 days after the date on which such notice was served. If the 

25 governmental unit has not filed a timely proof of the claim, 
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1 the debtor or trustee may file proof of the claim that is con2 sistent with the notice served under paragraph (2). If a 

3 proof of claim is filed by the debtor or trustee under this 

4 paragraph, the governmental unit may not amend the proof 

5 of claim. 

6 ‘‘(4) A claim filed under this subsection shall be deter7 mined and shall be allowed under subsection (a), (b), or 

8 (c) of section 502, or disallowed under subsection (d) or (e) 

9 of section 502, in the same manner as if the claim had aris10 en immediately before the date of the filing of the petition.’’. 

11 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

12 (1) IN GENERAL.—Subchapter II of chapter 12 of 

13 title 11, United States Code, is amended— 

14 (A) in section 1222(a)— 

15 (i) in paragraph (2), by striking ‘‘un16 less—’’ and all that follows through ‘‘the 

17 holder’’ and inserting ‘‘unless the holder’’; 

18 (ii) in paragraph (3), by striking 

19 ‘‘and’’ at the end; 

20 (iii) in paragraph (4), by striking the 

21 period at the end and inserting ‘‘; and’’; 

22 and 

23 (iv) by adding at the end the following: 
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1 ‘‘(5) subject to section 1232, provide for the treat2 ment of any claim by a governmental unit of a kind 

3 described in section 1232(a).’’; 

4 (B) in section 1228— 

5 (i) in subsection (a)— 

6 (I) in the matter preceding para7 graph (1)— 

8 (aa) by inserting a comma 

9 after ‘‘all debts provided for by the 

10 plan’’; and 

11 (bb) by inserting a comma 

12 after ‘‘allowed under section 503 

13 of this title’’; and 

14 (II) in paragraph (2), by striking 

15 ‘‘the kind’’ and all that follows and in16 serting ‘‘a kind specified in section 

17 523(a) of this title, except as provided 

18 in section 1232(c).’’; and 

19 (ii) in subsection (c)(2), by inserting ‘‘, 

20 except as provided in section 1232(c)’’ be21 fore the period at the end; and 

22 (C) in section 1229(a)— 

23 (i) in paragraph (2), by striking ‘‘or’’ 

24 at the end; 
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1 (ii) in paragraph (3), by striking the 

2 period at the end and inserting ‘‘; or’’; and 

3 (iii) by adding at the end the fol4 lowing: 

5 ‘‘(4) provide for the payment of a claim de6 scribed in section 1232(a) that arose after the date on 

7 which the petition was filed.’’. 

8 (2) TABLE OF SECTIONS.—The table of sections 

9 for subchapter II of chapter 12 of title 11, United 

10 States Code, is amended by adding at the end the fol11 lowing: 

‘‘1232. Claim by a governmental unit based on the disposition of property used 

in a farming operation.’’. 

12 (c) EFFECTIVE DATE.—The amendments made by this 

13 section shall apply to— 

14 (1) any bankruptcy case— 

15 (A) that is pending on the date of enact16 ment of this Act; 

17 (B) in which the plan under chapter 12 of 

18 title 11, United States Code, has not been con19 firmed on the date of enactment of this Act; and 

20 (C) relating to which an order of discharge 

21 under section 1228 of title 11, United States 

22 Code, has not been entered; and 
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1 (2) any bankruptcy case that commences on or 

2 after the date of enactment of this Act. 

Attest: 

Secretary. 
115TH CONGRESS 

1ST SESSION H.R. 2266 

AMENDMENT