I 

112TH CONGRESS 

1ST SESSION H. R. 1021 

To prevent the termination of the temporary office of bankruptcy judges 

in certain judicial districts. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 10, 2011 

Mr. SMITH of Texas (for himself, Mr. COHEN, Mr. COBLE, and Mr. CONYERS) 

introduced the following bill; which was referred to the Committee on the 

Judiciary 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Temporary Bank5 ruptcy Judgeships Extension Act of 2011’’. 

6 SEC. 2. EXTENSION OF TEMPORARY OFFICE OF BANK7 RUPTCY JUDGES IN CERTAIN JUDICIAL DIS8 TRICTS. 

9 (a) TEMPORARY OFFICE OF BANKRUPTCY JUDGES

10 AUTHORIZED BY PUBLIC LAW 109–8.— 


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1 (1) EXTENSIONS.—The temporary office of 

2 bankruptcy judges authorized for the following dis3 tricts by section 1223(b) of Public Law 109–8 (28 

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

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

6 bankruptcy judge for the respective district occurs: 

7 (A) The eastern district of California. 

8 (B) The district of Delaware. 

9 (C) The southern district of Florida. 

10 (D) The southern district of Georgia. 

11 (E) The district of Maryland. 

12 (F) The district of New Jersey. 

13 (G) The northern district of New York. 

14 (H) The southern district of New York. 

15 (I) The eastern district of North Carolina. 

16 (J) The eastern district of Pennsylvania. 

17 (K) The middle district of Pennsylvania. 

18 (L) The western district of Tennessee. 

19 (M) The eastern district of Virginia. 

20 (N) The district of Nevada. 

21 (2) VACANCIES.— 

22 (A) SINGLE VACANCIES.—Except as pro23 vided in subparagraphs (B), (C), and (D), the 

24 1st vacancy in the office of a bankruptcy judge 

25 for each district specified in paragraph (1)— 


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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 (B) DISTRICT OF DELAWARE.—The 1st, 

8 2d, 3d, and 4th vacancies in the office of a 

9 bankruptcy judge for the district of Delaware— 

10 (i) occurring more than 5 years after 

11 the 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 (C) SOUTHERN DISTRICT OF FLORIDA.— 

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

18 bankruptcy judge for the southern district of 

19 Florida— 

20 (i) occurring more than 5 years after 

21 the date of the enactment of this Act, 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 (D) 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 and the eastern district of Tennessee are ex24 tended until the applicable vacancy specified in paraVerDate Mar 15 2010 23:11 Mar 11, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1021.IH H1021

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1 graph (2) in the office of a bankruptcy judge for the 

2 respective district occurs. 

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) EASTERN DISTRICT OF TENNESSEE.— 

14 The 1st vacancy in the office of a bankruptcy 

15 judge for the eastern district of Tennessee— 

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 (3) APPLICABILITY OF OTHER PROVISIONS.— 

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

24 other provisions of section 3 of the Bankruptcy 

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


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

2 152 note) remain applicable to the temporary office 

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

4 (c) TEMPORARY OFFICE OF THE BANKRUPTCY

5 JUDGE AUTHORIZED BY PUBLIC LAW 102–361 FOR THE

6 MIDDLE DISTRICT OF NORTH CAROLINA.— 

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

8 bankruptcy judge authorized by section 3 of the 

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

10 note) for the middle district of North Carolina is ex11 tended until the vacancy specified in paragraph (2) 

12 occurs. 

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

14 a bankruptcy judge for the middle district of North 

15 Carolina— 

16 (A) occurring more than 5 years after the 

17 date of the enactment of this Act, and 

18 (B) resulting from the death, retirement, 

19 resignation, or removal of a bankruptcy judge, 

20 shall not be filled. 

21 (3) APPLICABILITY OF OTHER PROVISIONS.— 

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

23 other provisions of section 3 of the Bankruptcy 

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


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1 applicable to the temporary office of the bankruptcy 

2 judge referred to in paragraph (1). 

Æ 


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