I 
112TH CONGRESS 
2D SESSION 
H. R. 4967 
To prevent the termination of the temporary office of bankruptcy judges 
in certain judicial districts. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 27, 2012 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Temporary Bank-
ruptcy Judgeships Extension Act of 2012’’. 
SEC. 2. EXTENSION OF TEMPORARY OFFICE OF BANK-
RUPTCY JUDGES IN CERTAIN JUDICIAL DIS-
TRICTS. 
(a) TEMPORARY OFFICE OF BANKRUPTCY JUDGES 
AUTHORIZED BY PUBLIC LAW 109–8.— 
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(1) EXTENSIONS.—The temporary office of 
bankruptcy judges authorized for the following dis-
tricts 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.— 
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(A) SINGLE VACANCIES.—Except as pro-
vided 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, retire-
ment, resignation, or removal of a bank-
ruptcy judge, 
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, retire-
ment, resignation, or removal of a bank-
ruptcy 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— 
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(i) occurring more than 5 years after 
the date of the enactment of this Act, and 
(ii) resulting from the death, retire-
ment, resignation, or removal of a bank-
ruptcy 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, retire-
ment, resignation, or removal of a bank-
ruptcy judge, 
shall not be filled. 
(E) DISTRICT
OF
MARYLAND.—The 1st, 
2d, and 3d vacancies in the office of a bank-
ruptcy 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, retire-
ment, resignation, or removal of a bank-
ruptcy judge, 
shall not be filled. 
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(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 Dela-
ware, the district of Puerto Rico, and the eastern 
district of Tennessee are extended until the applica-
ble vacancy specified in paragraph (2) in the office 
of a bankruptcy judge for the respective district oc-
curs. 
(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 
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(ii) resulting from the death, retire-
ment, resignation, or removal of a bank-
ruptcy judge, 
shall not be filled. 
(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, retire-
ment, resignation, or removal of a bank-
ruptcy 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, retire-
ment, resignation, or removal of a bank-
ruptcy 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 
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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 ex-
tended 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 
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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.—Sec-
tion 589a(b)(2) of title 28, United States Code, is amend-
ed by striking ‘‘55’’ and inserting ‘‘48.89’’. 
(c) COLLECTION AND DEPOSIT OF MISCELLANEOUS 
BANKRUPTCY FEES.—Section 406(b) of the Judiciary Ap-
propriations 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 shall be available 
for the purposes specified in section 1931(a) of title 28, 
United States Code, but only to the extent specifically ap-
propriated by an Act of Congress enacted after the date 
of enactment of this Act. 
(e) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect 180 days after 
the date of enactment of this Act. 
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