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Union Calendar No. 98 

112TH CONGRESS 

1ST SESSION H. R. 1021 

[Report No. 112–152] 

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 

JULY 19, 2011 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 10, 2011] 

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A BILL 

To prevent the termination of the temporary office of 

bankruptcy judges in certain judicial districts. 

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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 Bankruptcy 

5 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 AU10 THORIZED BY PUBLIC LAW 109–8.— 

11 (1) EXTENSIONS.—The temporary office of bank12 ruptcy judges authorized for the following districts by 

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

14 note) are extended until the applicable vacancy speci15 fied in paragraph (2) in the office of a bankruptcy 

16 judge for the respective district occurs: 

17 (A) The central district of California. 

18 (B) The eastern district of California. 

19 (C) The district of Delaware. 

20 (D) The southern district of Florida. 

21 (E) The southern district of Georgia. 

22 (F) The district of Maryland. 

23 (G) The eastern district of Michigan. 

24 (H) The district of New Jersey. 

25 (I) The northern district of New York. 

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1 (J) The southern district of New York. 

2 (K) The eastern district of North Carolina. 

3 (L) The eastern district of Pennsylvania. 

4 (M) The middle district of Pennsylvania. 

5 (N) The district of Puerto Rico. 

6 (O) The district of South Carolina. 

7 (P) The western district of Tennessee. 

8 (Q) The eastern district of Virginia. 

9 (R) The district of Nevada. 

10 (2) VACANCIES.— 

11 (A) SINGLE VACANCIES.—Except as pro12 vided in subparagraphs (B), (C), (D), and (E), 

13 the 1st vacancy in the office of a bankruptcy 

14 judge for each district specified in paragraph 

15 (1)— 

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) CENTRAL DISTRICT OF CALIFORNIA.— 

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

24 bankruptcy judge for the central district of Cali25 fornia— 

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1 (i) occurring 5 years or more after the 

2 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 (C) DISTRICT OF DELAWARE.—The 1st, 2d, 

8 3d, and 4th vacancies in the office of a bank9 ruptcy 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 (D) SOUTHERN DISTRICT OF FLORIDA.— 

17 The 1st and 2d vacancies in the office of a bank18 ruptcy judge for the southern district of Flor19 ida— 

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

2 and 3d vacancies in the office of a bankruptcy 

3 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.—Ex11 cept as provided in paragraphs (1) and (2), all other 

12 provisions of section 1223(b) of Public Law 109–8 (28 

13 U.S.C. 152 note) remain applicable to the temporary 

14 office of bankruptcy judges referred to in paragraph 

15 (1). 

16 (b) TEMPORARY OFFICE OF BANKRUPTCY JUDGES EX17 TENDED BY PUBLIC LAW 109–8.— 

18 (1) EXTENSIONS.—The temporary office of bank19 ruptcy judges authorized by section 3 of the Bank20 ruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) 

21 and extended by section 1223(c) of Public Law 109– 

22 8 (28 U.S.C. 152 note) for the district of Delaware, 

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

24 Tennessee are extended until the applicable vacancy 

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1 specified in paragraph (2) in the office of a bank2 ruptcy judge for the respective district occurs. 

3 (2) VACANCIES.— 

4 (A) DISTRICT OF DELAWARE.—The 5th va5 cancy in the office of a bankruptcy judge for the 

6 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.—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) and section 1223(c) 

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

12 applicable to the temporary office of bankruptcy 

13 judges referred to in paragraph (1). 

14 (c) TEMPORARY OFFICE OF THE BANKRUPTCY JUDGE

15 AUTHORIZED BY PUBLIC LAW 102–361 FOR THE MIDDLE

16 DISTRICT OF NORTH CAROLINA.— 

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

18 bankruptcy judge authorized by section 3 of the Bank19 ruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) 

20 for the middle district of North Carolina is extended 

21 until the vacancy specified in paragraph (2) occurs. 

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

23 a bankruptcy judge for the middle district of North 

24 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.—Ex7 cept as provided in paragraphs (1) and (2), all other 

8 provisions of section 3 of the Bankruptcy Judgeship 

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

10 to the temporary office of the bankruptcy judge re11 ferred to in paragraph (1). 

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Union Calendar No. 98 

112TH CONGRESS 

1ST SESSION H. R. 1021 

[Report No. 112–152] 

A BILL 

To prevent the termination of the temporary office 

of bankruptcy judges in certain judicial districts. 

JULY 19, 2011 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 

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