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Bill
Notes

S. 1107 — what changed

Bankruptcy Judgeship Act of 2017

From Introduced in Senate to Engrossed in Senate. 3 sections amended and 1 added between Introduced in Senate and Engrossed in Senate.

Sec. 2 Extension of temporary office of bankruptcy judges in certain judicial districts

(a)
added Temporary office of bankruptcy judges authorized by the Bankruptcy Judgeship Act of 2005— Section 2(a)(2) of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152 note; Public Law 112–121) is amended—
(a)
removed District of Delaware—
(1)
removed The temporary office of 4 bankruptcy judges authorized for the district of Delaware by section 1223(b)(1)(C) of the Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note; Public Law 109–8), and extended by section 2(a)(1)(C) of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152 note; Public Law 112–121), is converted hereby to the permanent office of bankruptcy judge, represented in the amendment made by section 3(1) of this Act, and may be filled.
(1)
changed The temporary office of bankruptcy judge authorized for the district of Delaware by section 3(a)(3) of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note; Public Law 102–361), and extended by section 1223(c)(1) of the Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note; Public Law 109–8) and section 2(b)(1) of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152 note; Public Law 112–121), is converted hereby to the permanent office of bankruptcy judge, represented in the amendment made subparagraph (A), by section 3(1) of this Act, striking “and (H)” and may be filled.inserting “(H), (I), and (J)”;
(2)
added in subparagraph (C)—
(A)
added in clause (i), by striking “6” and inserting “11”; and
(B)
added in clause (ii), by striking “5” and inserting “10”;
(3)
added in subparagraph (D)(i), by striking “6” and inserting “11”;
(4)
added by striking subparagraph (E) and inserting the following:

added “(E) District of Maryland—The 1st, 2d, and 3d vacancies in the office of a bankruptcy judge for the district of Maryland—

added “(i) in the case of the 1st and 2d vacancies, occurring more than 5 years after the date of the enactment of this Act,

added “(ii) in the case of the 3d vacancy, occurring more than 10 years after the date of enactment of this Act, and

added “(iii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,”

(5)
added in subparagraph (F)(i), by striking “6” and inserting “11”;
(6)
added in subparagraph (G)(i), by striking “6” and inserting “11”;
(7)
added in subparagraph (H)(i), by striking “6” and inserting “11”; and
(8)
added by adding at the end the following:

added “(I) District of Nevada—The 1st vacancy in the office of a bankruptcy judge for the district of Nevada—

added “(i) occurring more than 10 years after the date of the enactment of this Act, and

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

added “(J) Eastern district of North Carolina—The 1st vacancy in the office of a bankruptcy judge for the eastern district of North Carolina—

added “(i) occurring more than 10 years after the date of the enactment of this Act, and

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

(b)
changed Southern District Temporary office of Florida—bankruptcy judges authorized by the Bankruptcy Judgeship Act of 1992— The temporary office of 2 bankruptcy judges authorized for the southern district of Florida by section 1223(b)(1)(D) of the Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note; Public Law 109–8), and extended by section 2(a)(1)(D) Section 2(b)(2) of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152 note; Public Law 112–121), 112–121) is converted hereby to the permanent office of bankruptcy judge, represented in the amendment made by section 3(3) of this Act, and may be filled.amended—
(1)
added in subparagraph (A)(i), by striking “5” and inserting “10”; and
(2)
added in subparagraph (B)(i), by striking “5” and inserting “10”.
(c)
removed District of Maryland— The temporary office of 1 bankruptcy judge first appointed as authorized for the district of Maryland by section 1223(b)(1)(F) of the Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note; Public Law 109–8), and extended by section 2(a)(1)(F) of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152 note; Public Law 112–121), is converted hereby to the permanent office of bankruptcy judge, represented in the amendment made by section 3(4) of this Act, and may be filled.
(d)
removed Eastern District of Michigan— The temporary office of bankruptcy judge authorized for the eastern district of Michigan by section 1223(b)(1)(G) of the Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note; Public Law 109–8), and extended by section 2(a)(1)(G) of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152 note; Public Law 112–121), is converted hereby to the permanent office of bankruptcy judge, represented in the amendment made by section 3(5) of this Act, and may be filled.
(e)
removed District of Nevada— The temporary office of bankruptcy judge authorized for the district of Nevada by section 1223(b)(1)(T) of the Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note; Public Law 109–8), and extended by section 2(a)(1)(Q) of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152 note; Public Law 112–121), is converted hereby to the permanent office of bankruptcy judge, represented in the amendment made by section 3(6) of this Act, and may be filled.
(f)
removed Eastern District of North Carolina— The temporary office of bankruptcy judge authorized for the eastern district of North Carolina by section 1223(b)(1)(M) of the Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note; Public Law 109–8), and extended by section 2(a)(1)(J) of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152 note; Public Law 112–121), is converted hereby to the permanent office of bankruptcy judge, represented in the amendment made by section 3(7) of this Act, and may be filled.
(g)
removed District of Puerto Rico—
(1)
removed The temporary office of bankruptcy judge authorized for the district of Puerto Rico by section 1223(b)(1)(P) of the Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note; Public Law 109–8), and extended by section 2(a)(1)(M) of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152 note; Public Law 112–121), is converted hereby to the permanent office of bankruptcy judge, represented in the amendment made by section 3(8) of this Act, and may be filled.
(2)
removed The temporary office of bankruptcy judge authorized for the district of Puerto Rico by section 3(a)(7) of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note; Public Law 102–361), and extended by section 1223(c)(1) of the Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note; Public Law 109–8) and section 2(b)(1) of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152 note; Public Law 112–121), is converted hereby to the permanent office of bankruptcy judge, is represented in the amendment made by section 3(8) of this Act, and may be filled.
(h)
removed Eastern District of Virginia— The temporary office of bankruptcy judge authorized for the eastern district of Virginia by section 1223(b)(1)(R) of the Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note; Public Law 109–8), and extended by section 2(a)(1)(P) of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152 note; Public Law 112–121), is converted hereby to the permanent office of bankruptcy judge, is represented in the amendment made by section 3(9) of this Act, and may be filled.

Sec. 3 Temporary office of bankruptcy judge authorized

(a)
added Appointments— The following bankruptcy judges shall be appointed in the manner prescribed in section 152(a)(1) of title 28, United States Code, for the appointment of bankruptcy judges provided for in section 152(a)(2) of that title:
(1)
added Two additional bankruptcy judges for the district of Delaware.
(2)
added One additional bankruptcy judge of the middle district of Florida.
(3)
added One additional bankruptcy judge for the eastern district of Michigan.
(b)
added Vacancies—
(1)
added District of Delaware— The 6th and 7th vacancies in the office of a bankruptcy judge for the district of Delaware—
(A)
added occurring more than 10 years after the date of enactment of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152 note; Public Law 112–121); and
(B)
added resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
(2)
added Middle district of Florida— The 1st vacancy in the office of a bankruptcy judge for the middle district of Florida—
(A)
added occurring more than 5 years after the date of enactment of this Act; and
(B)
added resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
(3)
added Eastern district of Michigan— The 2d vacancy in the office of a bankruptcy judge for the eastern district of Michigan—
(A)
added occurring more than 11 years after the date of enactment of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152 note; Public Law 112–121); and
(B)
added resulting from the death, retirement, resignation, or removal of a bankruptcy judge,

removed To reflect the conversion of the temporary office of bankruptcy judge to the permanent office of bankruptcy judge made by the operation of section 2, and to authorize the appointment of additional bankruptcy judges, section 152(a)(2) of title 28, United States Code, is amended—

(1)
removed in the item relating to the district of Delaware, by striking “1” and inserting “8”;
(2)
removed in the item relating to the middle district of Florida, by striking “8” and inserting “9”;
(3)
removed in the item relating to the southern district of Florida, by striking “5” and inserting “7”;
(4)
removed in the item relating to the district of Maryland, by striking “4” and inserting “5”;
(5)
removed in the item relating to the eastern district of Michigan, by striking “4” and inserting “6”;
(6)
removed in the item relating to the district of Nevada, by striking “3” and inserting “4”;
(7)
removed in the item relating to the eastern district of North Carolina, by striking “2” and inserting “3”;
(8)
removed in the item relating to the district of Puerto Rico, by striking “2” and inserting “4”; and
(9)
removed in the item relating to the eastern district of Virginia, by striking “5” and inserting “6”.

Sec. 4 Bankruptcy fees

(a)
Amendments to title 28 of the United States Code— Section 1930(a)(6) of title 28, United States Code, is amended—
(1)
by striking “(6) In” and inserting ‘‘(6)(A) Except as provided in subparagraph (B), in’’; and
(2)
by adding at the end the following:

changed “(B) In any During each of fiscal year, years 2018 through 2022, if the balance in the United States Trustee System Fund as of September 30 of the most recent full fiscal year is less than $200,000,000, the quarterly fee payable for a quarter in which disbursements equal or exceed $1,000,000 shall be the lesser of 1 percent of such disbursements or $250,000, whichever is less, unless the balance in the United States Trustee System Fund as of September 30 immediately preceding such fiscal year exceeds $200,000,000.”$250,000.”

(b)
Deposits of certain fees for fiscal years 2018 through 2022— Notwithstanding section 589a(b) of title 28, United States Code, for each of fiscal years 2018 through 2022—
(1)
changed 97.5 98 percent of the fees collected under section 1930(a)(6) of such title shall be deposited as offsetting collections to the appropriation “United States Trustee System Fund”, to remain available until expended; and
(2)
changed 2.5 2 percent of the fees collected under section 1930(a)(6) of such title shall be deposited in the general fund of the Treasury.
(c)
added Application of amendments— The amendments made by this section shall apply to quarterly fees payable under section 1930(a)(6) of title 28, United States Code, as amended by this section, for disbursements made in any calendar quarter that begins on or after the date of enactment of this Act.
(c)
removed Effective date; application of amendments—
(1)
removed Effective date— This section shall take effect on July 1, 2017, or on the date of enactment of this Act, whichever is later.
(2)
removed Application of amendments— The amendments made by this section shall apply to quarterly fees payable under section 1930(a)(6) of title 28, United States Code, as amended by this section, for disbursements made in any calendar quarter that begins on or after the effective date of this section.

Sec. 5 Clarification of rule allowing discharge to governmental claims arising from the disposition of farm assets under chapter 12 bankruptcies

added
(a)
added In general— Subchapter II of chapter 12 of title 11, United States Code, is amended by adding at the end the following:

added “1232. Claim by a governmental unit based on the disposition of property used in a farming operation

added “(a) Any unsecured claim of a governmental unit against the debtor or the estate that arises before the filing of the petition, or that arises after the filing of the petition and before the debtor’s discharge under section 1228, as a result of the sale, transfer, exchange, or other disposition of any property used in the debtor’s farming operation—

added “(1) shall be treated as an unsecured claim arising before the date on which the petition is filed;

added “(2) shall not be entitled to priority under section 507;

added “(3) shall be provided for under a plan; and

added “(4) shall be discharged in accordance with section 1228.

added “(b) For purposes of applying sections 1225(a)(4), 1228(b)(2), and 1229(b)(1) to a claim described in subsection (a) of this section, the amount that would be paid on such claim if the estate of the debtor were liquidated in a case under chapter 7 of this title shall be the amount that would be paid by the estate in a chapter 7 case if the claim were an unsecured claim arising before the date on which the petition was filed and were not entitled to priority under section 507.

added “(c) For purposes of applying sections 523(a), 1228(a)(2), and 1228(c)(2) to a claim described in subsection (a) of this section, the claim shall not be treated as a claim of a kind specified in subparagraph (A) or (B) of section 523(a)(1).

added “(d)

added “(1) A governmental unit may file a proof of claim for a claim described in subsection (a) that arises after the date on which the petition is filed.

added “(2) If a debtor files a tax return after the filing of the petition for a period in which a claim described in subsection (a) arises, and the claim relates to the tax return, the debtor shall serve notice of the claim on the governmental unit charged with the responsibility for the collection of the tax at the address and in the manner designated in section 505(b)(1). Notice under this paragraph shall state that the debtor has filed a petition under this chapter, state the name and location of the court in which the case under this chapter is pending, state the amount of the claim, and include a copy of the filed tax return and documentation supporting the calculation of the claim.

added “(3) If notice of a claim has been served on the governmental unit in accordance with paragraph (2), the governmental unit may file a proof of claim not later than 180 days after the date on which such notice was served. If the governmental unit has not filed a timely proof of the claim, the debtor or trustee may file proof of the claim that is consistent with the notice served under paragraph (2). If a proof of claim is filed by the debtor or trustee under this paragraph, the governmental unit may not amend the proof of claim.

added “(4) A claim filed under this subsection shall be determined and shall be allowed under subsection (a), (b), or (c) of section 502, or disallowed under subsection (d) or (e) of section 502, in the same manner as if the claim had arisen immediately before the date of the filing of the petition.”

(b)
added Technical and conforming amendments—
(1)
added In general— Subchapter II of chapter 12 of title 11, United States Code, is amended—
(A)
added in section 1222(a)—
(i)
added in paragraph (2), by striking “unless—” and all that follows through “the holder” and inserting “unless the holder”;
(ii)
added in paragraph (3), by striking “and” at the end;
(iii)
added in paragraph (4), by striking the period at the end and inserting “; and”; and
(iv)
added by adding at the end the following:

added “(5) subject to section 1232, provide for the treatment of any claim by a governmental unit of a kind described in section 1232(a).”

(B)
added in section 1228—
(i)
added in subsection (a)—
(I)
added in the matter preceding paragraph (1)—
(aa)
added by inserting a comma after “all debts provided for by the plan”; and
(bb)
added by inserting a comma after “allowed under section 503 of this title”; and
(II)
added in paragraph (2), by striking “the kind” and all that follows and inserting “a kind specified in section 523(a) of this title, except as provided in section 1232(c).”; and
(ii)
added in subsection (c)(2), by inserting “, except as provided in section 1232(c)” before the period at the end; and
(C)
added in section 1229(a)—
(i)
added in paragraph (2), by striking “or” at the end;
(ii)
added in paragraph (3), by striking the period at the end and inserting “; or”; and
(iii)
added by adding at the end the following:

added “(4) provide for the payment of a claim described in section 1232(a) that arose after the date on which the petition was filed.”

(2)
added Table of sections— The table of sections for subchapter II of chapter 12 of title 11, United States Code, is amended by adding at the end the following:
(c)
added Effective date— The amendments made by this section shall apply to—
(1)
added any bankruptcy case—
(A)
added that is pending on the date of enactment of this Act;
(B)
added in which the plan under chapter 12 of title 11, United States Code, has not been confirmed on the date of enactment of this Act; and
(C)
added relating to which an order of discharge under section 1228 of title 11, United States Code, has not been entered; and
(2)
added any bankruptcy case that commences on or after the date of enactment of this Act.