2005—Subsec. (a)(1). Pub. L. 109–8, § 1223(d)(1), substituted “Each bankruptcy judge to be appointed for a judicial district, as provided in paragraph (2), shall be appointed by the court of appeals of the United States for the circuit in which such district is located.” for “The United States court of appeals for the circuit shall appoint bankruptcy judges for the judicial districts established in paragraph (2) in such numbers as are established in such paragraph.”
Subsec. (a)(2). Pub. L. 109–8, § 1223(d)(2), substituted “3” for “2” in item relating to middle district of Georgia and struck out item relating to middle and southern districts of Georgia.
Subsec. (c). Pub. L. 109–63 designated existing provisions as par. (1) and added par. (2).
1992—Subsec. (a)(2). Pub. L. 102–361, § 2, in item relating to district of Arizona substituted “7” for “5”, in item relating to central district of California substituted “21” for “19”, in item relating to district of Connecticut substituted “3” for “2”, in item relating to middle district of Florida substituted “8” for “4”, in item relating to southern district of Florida substituted “5” for “3”, in item relating to northern district of Georgia substituted “8” for “6”, inserted item relating to middle and southern districts of Georgia, in item relating to district of Maryland substituted “4” for “3”, in item relating to district of Massachusetts substituted “5” for “4”, in item relating to district of New Jersey substituted “8” for “7”, in item relating to southern district of New York substituted “9” for “7”, in item relating to eastern district of Pennsylvania substituted “5” for “3”, in item relating to middle district of Tennessee substituted “3” for “2”, in item relating to western district of Tennessee substituted “4” for “3”, in item relating to northern district of Texas substituted “6” for “5”, and in item relating to eastern district of Virginia substituted “5” for “4”.
Subsec. (b)(3). Pub. L. 102–361, § 4, added par. (3).
1990—Subsec. (a)(1). Pub. L. 101–650 inserted after third sentence “However, upon the expiration of the term, a bankruptcy judge may, with the approval of the judicial council of the circuit, continue to perform the duties of the office until the earlier of the date which is 180 days after the expiration of the term or the date of the appointment of a successor.”
1988—Subsec. (a)(2). Pub. L. 100–587 in item relating to district of Alaska substituted “2” for “1”, in item relating to district of Colorado substituted “5” for “4”, in item relating to district of Kansas substituted “4” for “3”, in item relating to eastern district of Kentucky substituted “2” for “1”, in item relating to eastern district of Texas substituted “2” for “1”, in item relating to western district of Texas substituted “4” for “3”, and in item relating to district of Arizona substituted “5” for “4”.
1986—Subsec. (a)(2). Pub. L. 99–554 in item relating to eastern district and western district of Arkansas substituted “3” for “2”, in item relating to northern district of California substituted “9” for “7”, in item relating to eastern district of California substituted “6” for “4”, in item relating to central district of California substituted “19” for “12”, in item relating to southern district of California substituted “4” for “3”, in item relating to middle district of Florida substituted “4” for “2”, in item relating to northern district of Georgia substituted “6” for “4”, in item relating to southern district of Georgia substituted “2” for “1”, in item relating to district of Idaho substituted “2” for “1”, in item relating to northern district of Illinois substituted “10” for “8”, in item relating to central district of Illinois substituted “3” for “2”, in item relating to northern district of Indiana substituted “3” for “2”, in item relating to northern district of Iowa substituted “2” for “1”, in item relating to southern district of Iowa substituted “2” for “1”, in item relating to western district of Kentucky substituted “3” for “2”, in item relating to western district of Louisiana substituted “3” for “2”, in item relating to district of Maryland substituted “3” for “2”, in item relating to western district of Michigan substituted “3” for “2”, in item relating to district of Nebraska substituted “2” for “1”, in item relating to district of Nevada substituted “3” for “2”, in item relating to district of New Jersey substituted “7” for “5”, in item relating to western district of North Carolina substituted “2” for “1”, in item relating to northern district of Oklahoma substituted “2” for “1”, in item relating to western district of Oklahoma substituted “3” for “2”, in item relating to district of Oregon substituted “5” for “4”, in item relating to western district of Pennsylvania substituted “4” for “3”, in item relating to district of South Carolina substituted “2” for “1”, in item relating to district of South Dakota substituted “2” for “1”, in item relating to eastern district of Tennessee substituted “3” for “2”, in item relating to western district of Tennessee substituted “3” for “2”, in item relating to northern district of Texas substituted “5” for “4”, in item relating to southern district of Texas substituted “6” for “3”, in item relating to western district of Texas substituted “3” for “2”, in item relating to district of Utah substituted “3” for “2”, in item relating to eastern district of Virginia substituted “4” for “3”, in item relating to eastern district of Washington substituted “2” for “1”, in item relating to western district of Washington substituted “5” for “4”, and in item relating to eastern district of Wisconsin substituted “4” for “3”.
Pub. L. 109–8, title XII, § 1223(e),
Amendment by Pub. L. 99–554 effective
Pub. L. 112–121, § 4,
Pub. L. 116–325, § 4, shall not be filled. shall not be filled.“(a) “(1) The temporary office of bankruptcy judges authorized by section 1003(a) of the Bankruptcy Judgeship Act of 2017 [Pub. L. 115–72] (28 U.S.C. 152 note) for the district of Delaware and the eastern district of Michigan are extended until the applicable vacancy specified in paragraph (2) in the office of a bankruptcy judge for the respective district occurs.“(2) “(A) The 1st and 2d vacancies in the office of a bankruptcy judge for the district of Delaware—“(i) occurring 5 years or more after the date established by section 1003(b)(1) of the Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 note), and“(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.“(B) The 1st vacancy in the office of a bankruptcy judge for the eastern district of Michigan—“(i) occurring 5 years or more after the date established by section 1003(b)(3) of the Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 note), and“(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.“(3) Except as provided in paragraphs (1) and (2), all other provisions of section 1003 of the Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 note) remain applicable to the temporary office of bankruptcy judges referred to in paragraph (1).“(b) “(1) The temporary office of bankruptcy judges authorized for the following districts by section 1223(b) of the Bankruptcy Judgeship Act of 2005 [Pub. L. 109–8] (28 U.S.C. 152 note), extended by section 2(a) of the Temporary Bankruptcy Judgeships Extension Act of 2012 [Pub. L. 112–121] (28 U.S.C. 152 note), and further extended by section 1002(a) of the Bankruptcy Judgeship Act of 2017 [Pub. L. 115–72] (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 district of Delaware.“(B) The southern district of Florida.“(C) The district of Maryland.“(D) The eastern district of Michigan.“(E) The district of Nevada.“(F) The eastern district of North Carolina.“(G) The district of Puerto Rico.“(H) The eastern district of Virginia.“(2) “(A) Except as provided in subparagraphs (B), (C), (D), (E), and (F), the 1st vacancy in the office of a bankruptcy judge for each district specified in paragraph (1)—“(i) occurring 5 years or more after the date established by section 1002(a)(2) of the Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 note), and“(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.“(B) The 3d, 4th, 5th, and 6th vacancies in the office of a bankruptcy judge for the district of Delaware—“(i) occurring 5 years or more after the date established by section 1002(a)(2) of Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 note), and“(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.“(C) The 1st and 2d vacancies in the office of a bankruptcy judge for the southern district of Florida—“(i) occurring 5 years or more after the date established by section 1002(a)(2) of the Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 note), and“(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.“(D) The 1st vacancy in the office of a bankruptcy judge for the district of Maryland—“(i) occurring 5 years or more after the date established by section 1002(a)(2) of the Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 note), and“(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.“(E) The 2d vacancy in the office of a bankruptcy judge for the eastern district of Michigan—“(i) occurring 5 years or more after the date established by section 1002(a)(2) of the Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 note), and“(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.“(F) The 1st vacancy in the office of a bankruptcy judge for the district of Puerto Rico—“(i) occurring 5 years or more after the date established by section 1002(a)(2) of the Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 note), and“(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.“(3) Except as provided in paragraphs (1) and (2), all other provisions of section 1223 of the Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note), section 2 of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152 note), and section 1002 of the Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 note) remain applicable to the temporary office of bankruptcy judges referred to in paragraph (1).“(c) “(1) The temporary office of bankruptcy judges authorized for the following districts by section 1223(b) of the Bankruptcy Judgeship Act of 2005 [Pub. L. 109–8] (28 U.S.C. 152 note) and extended by section 2(a) of the Temporary Bankruptcy Judgeships Extension Act of 2012 [Pub. L. 112–121] (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 southern district of Georgia.“(B) The district of Maryland.“(C) The district of New Jersey.“(D) The northern district of New York.“(E) The district of South Carolina.“(2) “(A) Except as provided in subparagraph (B), the 1st vacancy in the office of a bankruptcy judge for each district specified in paragraph (1)—“(i) occurring 5 years or more after the date of the enactment of this Act [“(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.“(B) The 2d and 3d vacancies in the office of a bankruptcy judge for the district of Maryland—“(i) occurring 5 years or more after the date of the enactment of this Act, and“(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.“(3) Except as provided in paragraphs (1) and (2), all other provisions of section 1223 of the Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note) and section 2 of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152 note) remain applicable to the temporary office of bankruptcy judges referred to in paragraph (1).“(d) “(1) The temporary office of bankruptcy judges authorized by section 3(a) of the Bankruptcy Judgeship Act of 1992 [Pub. L. 102–361] (28 U.S.C. 152 note), extended by section 1223(c) of Bankruptcy Judgeship Act of 2005 [Pub. L. 109–8] (28 U.S.C. 152 note), extended by section 2(b) of the Temporary Bankruptcy Judgeships Extension Act of 2012 [Pub. L. 112–121] (28 U.S.C. 152 note), and further extended by section 1002(b) of the Bankruptcy Judgeship Act of 2017 [Pub. L. 115–72] (28 U.S.C. 152 note) for the district of Delaware and the district of Puerto Rico are extended until the applicable vacancy specified in paragraph (2) in the office of a bankruptcy judge for the respective district occurs.“(2) “(A) The 7th vacancy in the office of a bankruptcy judge for the district of Delaware—“(i) occurring 5 years or more after the date established by section 1002(b)(2) of the Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 note), and“(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.“(B) The 2d vacancy in the office of a bankruptcy judge for the district of Puerto Rico—“(i) occurring 5 years or more after the date established by section 1002(b)(2) of the Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 note), and“(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.“(3) 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), section 1223 of Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note), section 2 of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152 note), and section 1002 of the Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 note) remain applicable to the temporary office of bankruptcy judges referred to in paragraph (1).“(e) “(1) The temporary office of bankruptcy judge authorized by section 3(a) of the Bankruptcy Judgeship Act of 1992 [Pub. L. 102–361] (28 U.S.C. 152 note), extended by section 1223(c) of the Bankruptcy Judgeship Act of 2005 [Pub. L. 109–8] (28 U.S.C. 152 note), and further extended by section 2(b) of the Temporary Bankruptcy Judgeships Extension Act of 2012 [Pub. L. 112–121] (28 U.S.C. 152 note) for the eastern district of Tennessee is extended until the applicable vacancy specified in paragraph (2) in the office of a bankruptcy judge for the district occurs.“(2) The 1st vacancy in the office of a bankruptcy judge for the eastern district of Tennessee—“(A) occurring 5 years or more after the date of the enactment of this Act [“(B) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,“(3) 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), section 1223 of the Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note), and section 2 of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152 note) remain applicable to the temporary office of bankruptcy judge referred to in paragraph (1).“(f) “(1) The temporary office of bankruptcy judge authorized by section 3(a) of the Bankruptcy Judgeship Act of 1992 [Pub. L. 102–361] (28 U.S.C. 152 note) and extended by section 2(c) of the Temporary Bankruptcy Judgeships Extension Act of 2012 [Pub. L. 112–121] (28 U.S.C. 152 note) for the middle district of North Carolina is extended until the applicable vacancy specified in paragraph (2) in the office of a bankruptcy judge for the district occurs.“(2) The 1st vacancy in the office of a bankruptcy judge for the middle district of North Carolina—“(A) occurring 5 years or more after the date of the enactment of this Act [“(B) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,“(3) 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) and section 2 of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152 note) (28 U.S.C. 152 note) remain applicable to the temporary office of bankruptcy judge referred to in paragraph (1).”
Pub. L. 115–72, div. B, § 1002, “(a) “(1) The temporary office of bankruptcy judges authorized for the following districts by subsection (b) of the Bankruptcy Judgeship Act of 2005 [section 1223 of Pub. L. 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 district of Delaware.“(B) The southern district of Florida.“(C) The district of Maryland.“(D) The eastern district of Michigan.“(E) The district of Nevada.“(F) The eastern district of North Carolina.“(G) The district of Puerto Rico.“(H) The eastern district of Virginia.“(2) “(A) Except as provided in subparagraphs (B), (C), and (D), 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 [“(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.“(B) The 1st, 2d, 3d, and 4th vacancies in the office of a bankruptcy judge for the district of Delaware—“(i) occurring 5 years or more after the date of the enactment of this Act; and“(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.“(C) “(i) The 1st vacancy in the office of a bankruptcy 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, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.“(ii) The 2d and 3d vacancies in the office of a bankruptcy judge for the district of Maryland resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.“(D) 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, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.“(3) Except as provided in paragraphs (1) and (2), all other provisions of subsection (b) of the Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note) and section 2 of the Temporary Bankruptcy Judgeships Extension Act of 2012 [Pub. L. 112–121] (28 U.S.C. 152 note) remain applicable to the temporary office of bankruptcy judges referred to in paragraph (1).“(b) “(1) The temporary office of bankruptcy judges authorized by section 3 of the Bankruptcy Judgeship Act of 1992 [Pub. L. 102–361] (28 U.S.C. 152 note) and extended by subsection (c) of the Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note) and further extended by section 2 of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152 note) for the district of Delaware and the district of Puerto Rico are extended until the applicable vacancy specified in paragraph (2) in the office of a bankruptcy judge for the respective district occurs.“(2) “(A) 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 [“(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.“(B) 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, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.“(3) 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), subsection (c) of the Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note), and section 2 of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152 note) remain applicable to the temporary office of bankruptcy judges referred to in paragraph (1).”
Pub. L. 115–72, div. B, § 1003, “(a) 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) Two additional bankruptcy judges for the district of Delaware.“(2) One additional bankruptcy judge for the middle district of Florida.“(3) One additional bankruptcy judge for the eastern district of Michigan.“(b) “(1) The 6th and 7th vacancies in the office of a bankruptcy judge for the district of Delaware—“(A) occurring 5 years or more after the appointment date of the bankruptcy judge appointed under subsection (a)(1) to such office; and“(B) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,shall not be filled.“(2) The 1st vacancy in the office of a bankruptcy judge for the middle district of Florida—“(A) occurring 5 years or more after the appointment date of the bankruptcy judge appointed under subsection (a)(2) to such office; and“(B) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,shall not be filled.“(3) The 2d vacancy in the office of a bankruptcy judge for the eastern district of Michigan—“(A) occurring 5 years or more after the appointment date of the bankruptcy judge appointed under subsection (a)(3) to such office; and“(B) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,shall not be filled.”
Pub. L. 112–121, § 2, shall not be filled.“(a) “(1) The temporary office of bankruptcy judges authorized for the following districts 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) “(A) Except as provided in subparagraphs (B), (C), (D), (E), (F), (G), and (H), 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 [“(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.“(B) 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, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.“(C) The 1st, 2d, 3d, and 4th vacancies in the office of a bankruptcy judge for the district of Delaware—“(i) in the case of the 1st and 2d vacancies, occurring more than 6 years after the date of the enactment of this Act,“(ii) in the case of the 3d and 4th vacancies, occurring more than 5 years after the date of the enactment of this Act, and“(iii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.“(D) The 1st and 2d vacancies in the office of a bankruptcy judge for the southern district of Florida—“(i) occurring more than 6 years after the date of the enactment of this Act, and“(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.“(E) The 1st, 2d, and 3d vacancies in the office of a bankruptcy 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, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.“(F) The 1st vacancy in the office of a bankruptcy judge for the eastern district of Michigan—“(i) occurring 6 years or more after the date of the enactment of this Act, and“(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.“(G) The 1st vacancy in the office of a bankruptcy judge for the district of Puerto Rico—“(i) occurring 6 years or more after the date of the enactment of this Act, and“(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.“(H) The 1st vacancy in the office of a bankruptcy judge for the eastern district of Virginia—“(i) occurring 6 years or more after the date of the enactment of this Act, and“(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.“(3) 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) “(1) The temporary office of bankruptcy judges authorized by section 3 of the Bankruptcy Judgeship Act of 1992 [Pub. L. 102–361] (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 Delaware, the district of Puerto Rico, and the eastern district of Tennessee are extended until the applicable vacancy specified in paragraph (2) in the office of a bankruptcy judge for the respective district occurs.“(2) “(A) 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 [“(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.“(B) 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, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.“(C) The 1st vacancy in the office of a bankruptcy judge for the eastern district of Tennessee—“(i) occurring more than 9 years after the date of the enactment of this Act, and“(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.“(3) 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) 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) “(1) The temporary office of the bankruptcy judge authorized by section 3 of the Bankruptcy Judgeship Act of 1992 [Pub. L. 102–361] (28 U.S.C. 152 note) for the middle district of North Carolina is extended until the vacancy specified in paragraph (2) occurs.“(2) 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 [“(B) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,“(3) 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 applicable to the temporary office of the bankruptcy judge referred to in paragraph (1).”
Pub. L. 109–8, title XII, § 1223(b), (c), “(b) “(1) 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 such title:“(A) One additional bankruptcy judge for the eastern district of California.“(B) Three additional bankruptcy judges for the central district of California.“(C) Four additional bankruptcy judges for the district of Delaware.“(D) Two additional bankruptcy judges for the southern district of Florida.“(E) One additional bankruptcy judge for the southern district of Georgia.“(F) Three additional bankruptcy judges for the district of Maryland.“(G) One additional bankruptcy judge for the eastern district of Michigan.“(H) One additional bankruptcy judge for the southern district of Mississippi.“(I) One additional bankruptcy judge for the district of New Jersey.“(J) One additional bankruptcy judge for the eastern district of New York.“(K) One additional bankruptcy judge for the northern district of New York.“(L) One additional bankruptcy judge for the southern district of New York.“(M) One additional bankruptcy judge for the eastern district of North Carolina.“(N) One additional bankruptcy judge for the eastern district of Pennsylvania.“(O) One additional bankruptcy judge for the middle district of Pennsylvania.“(P) One additional bankruptcy judge for the district of Puerto Rico.“(Q) One additional bankruptcy judge for the western district of Tennessee.“(R) One additional bankruptcy judge for the eastern district of Virginia.“(S) One additional bankruptcy judge for the district of South Carolina.“(T) One additional bankruptcy judge for the district of Nevada.“(2) “(A) Except as provided in subparagraphs (B), (C), (D), and (E), the first vacancy occurring in the office of bankruptcy judge in each of the judicial districts set forth in paragraph (1)—“(i) occurring 5 years or more after the appointment date of the bankruptcy judge appointed under paragraph (1) to such office; and“(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge; shall not be filled.“(B) The 1st, 2d, and 3d vacancies in the office of bankruptcy judge in the central district of California—“(i) occurring 5 years or more after the respective 1st, 2d, and 3d appointment dates of the bankruptcy judges appointed under paragraph (1)(B); and“(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge; shall not be filled.“(C) The 1st, 2d, 3d, and 4th vacancies in the office of bankruptcy judge in the district of Delaware—“(i) occurring 5 years or more after the respective 1st, 2d, 3d, and 4th appointment dates of the bankruptcy judges appointed under paragraph (1)(F); and“(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge; shall not be filled.“(D) The 1st and 2d vacancies in the office of bankruptcy judge in the southern district of Florida—“(i) occurring 5 years or more after the respective 1st and 2d appointment dates of the bankruptcy judges appointed under paragraph (1)(D); and“(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge; shall not be filled.“(E) The 1st, 2d, and 3d vacancies in the office of bankruptcy judge in the district of Maryland—“(i) occurring 5 years or more after the respective 1st, 2d, and 3d appointment dates of the bankruptcy judges appointed under paragraph (1)(F); and“(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge; shall not be filled.“(c) “(1) The temporary office of bankruptcy judges authorized for the northern district of Alabama, the district of Delaware, the district of Puerto Rico, and the eastern district of Tennessee under paragraphs (1), (3), (7), and (9) of section 3(a) of the Bankruptcy Judgeship Act of 1992 [Pub. L. 102–361] (28 U.S.C. 152 note) are extended until the first vacancy occurring in the office of a bankruptcy judge in the applicable district resulting from the death, retirement, resignation, or removal of a bankruptcy judge and occurring 5 years after the date of the enactment of this Act [“(2) All other provisions of section 3 of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) remain applicable to the temporary office of bankruptcy judges referred to in this subsection.”
Pub. L. 102–361, § 3, “(a) The following bankruptcy judges shall be appointed in the manner prescribed in section 152(a)(1) of title 28, United States Code:“(1) 1 additional bankruptcy judge for the northern district of Alabama.“(2) 1 additional bankruptcy judge for the district of Colorado.“(3) 1 additional bankruptcy judge for the district of Delaware.“(4) 1 additional bankruptcy judge for the southern district of Illinois.“(5) 1 additional bankruptcy judge for the district of New Hampshire.“(6) 1 additional bankruptcy judge for the middle district of North Carolina.“(7) 1 additional bankruptcy judge for the district of Puerto Rico.“(8) 1 additional bankruptcy judge for the district of South Carolina.“(9) 1 additional bankruptcy judge for the eastern district of Tennessee.“(10) 1 additional bankruptcy judge for the western district of Texas.“(b) The first vacancy in the office of bankruptcy judge in each of the judicial districts set forth in subsection (a), resulting from the death, retirement, resignation, or removal of a bankruptcy judge, and occurring 5 years or more after the appointment date of the judge named to fill the temporary judgeship position, shall not be filled. In the case of a vacancy resulting from the expiration of the term of a bankruptcy judge not described in the preceding sentence, that judge shall be eligible for reappointment as a bankruptcy judge in that district.”
Pub. L. 99–349, title I,
Pub. L. 98–353, title I, § 106, “(a) Notwithstanding section 152 of title 28, United States Code, as added by this Act, the term of office of a bankruptcy judge who is serving on the date of enactment of this Act [“(b)(1) Notwithstanding section 153(a) of title 28, United States Code, as added by this Act, and notwithstanding subsection (a) of this section, a bankruptcy judge serving on a part-time basis on the date of enactment of this Act [“(2) Notwithstanding the provisions of section 153(b) of title 28, United States Code, a bankruptcy judge serving on a part-time basis may engage in the practice of law but may not engage in any other practice, business, occupation, or employment inconsistent with the expeditious, proper, and impartial performance of such bankruptcy judge’s duties as a judicial officer. The Judicial Conference of the United States may promulgate appropriate rules and regulations to implement this paragraph.”
Pub. L. 98–353, title I, § 120, “(a)(1) Whenever a court of appeals is authorized to fill a vacancy that occurs on a bankruptcy court of the United States, such court of appeals shall appoint to fill that vacancy a person whose character, experience, ability, and impartiality qualify such person to serve in the Federal judiciary.“(2) It is the sense of the Congress that the courts of appeals should consider for appointment under section 152 of title 28, United States Code, to the first vacancy which arises after the date of the enactment of this Act [“(3) When filling vacancies, the court of appeals may consider reappointing incumbent bankruptcy judges under procedures prescribed by regulations issued by the Judicial Conference of the United States.“(b) The judicial council of the circuit involved shall assist the court of appeals by evaluating potential nominees and by recommending to such court for consideration for appointment to each vacancy on the bankruptcy court persons who are qualified to be bankruptcy judges under regulations prescribed by the Judicial Conference of the United States. In the case of the first vacancy which arises after the date of the enactment of this Act [“(c) Before transmitting to the court of appeals the names of the persons the judicial council for the circuit deems best qualified to fill any existing vacancy, the judicial council shall have determined that—“(1) public notice of such vacancy has been given and an effort has been made, in the case of each such vacancy, to identify qualified candidates, without regard to race, color, sex, religion, or national origin,“(2) such persons are members in good standing of at least one State bar, the District of Columbia bar, or the bar of the Commonwealth of Puerto Rico, and members in good standing of every other bar of which they are members,“(3) such persons possess, and have a reputation for, integrity and good character,“(4) such persons are of sound physical and mental health,“(5) such persons possess and have demonstrated commitment to equal justice under law,“(6) such persons possess and have demonstrated outstanding legal ability and competence, as evidenced by substantial legal experience, ability to deal with complex legal problems, aptitude for legal scholarship and writing, and familiarity with courts and court processes, and“(7) such persons demeanor, character, and personality indicate that they would exhibit judicial temperament if appointed to the position of United States bankruptcy judge.”