[Congressional Record Volume 163, Number 155 (Wednesday, September 27, 2017)]
[Senate]
[Pages S6189-S6190]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1106. Mr. INHOFE (for Mr. Grassley) proposed an amendment to the
bill H.R. 2266, to amend title 28 of the United States Code to
authorize the appointment of additional bankruptcy judges; and for
other purposes; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bankruptcy Judgeship Act of
2017''.
SEC. 2. EXTENSION OF TEMPORARY OFFICE OF BANKRUPTCY JUDGES IN
CERTAIN JUDICIAL DISTRICTS.
(a) Temporary Office of Bankruptcy Judges Authorized by the
Bankruptcy Judgeship Act of 2005.--
(1) Extensions.--The temporary office of bankruptcy judges
authorized for the following districts by subsection (b) of
the Bankruptcy Judgeship Act of 2005 (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) Vacancies.--
(A) Single vacancies.--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, and
(ii) resulting from the death, retirement, resignation, or
removal of a bankruptcy judge,
shall not be filled.
(B) District of delaware.--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) District of maryland.--
(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) 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, retirement, resignation, or
removal of a bankruptcy judge,
shall not be filled.
(3) Applicability of provisions.--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 (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 the
Bankruptcy Judgeship Act of 2005 and the Temporary Bankruptcy
Judgeships Extension Act of 2012.--
(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 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) 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
(ii) resulting from the death, retirement, resignation, or
removal of a bankruptcy 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, 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),
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).
SEC. 3. TEMPORARY OFFICE OF BANKRUPTCY JUDGE AUTHORIZED.
(a) 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) Two additional bankruptcy judges for the district of
Delaware.
(2) One additional bankruptcy judge of the middle district
of Florida.
[[Page S6190]]
(3) One additional bankruptcy judge for the eastern
district of Michigan.
(b) Vacancies.--
(1) District of delaware.--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 paragraph (1) to such
office, and
(B) resulting from the death, retirement, resignation, or
removal of a bankruptcy judge,
shall not be filled.
(2) Middle district of florida.--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 paragraph (1) to such
office, and
(B) resulting from the death, retirement, resignation, or
removal of a bankruptcy judge,
shall not be filled.
(3) Eastern district of michigan.--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 paragraph (1) to such
office, and
(B) resulting from the death, retirement, resignation, or
removal of a bankruptcy judge,
shall not be filled.
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:
``(B) During each of fiscal 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.''.
(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) 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) 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) 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.
SEC. 5. CLARIFICATION OF RULE ALLOWING DISCHARGE TO
GOVERNMENTAL CLAIMS ARISING FROM THE
DISPOSITION OF FARM ASSETS UNDER CHAPTER 12
BANKRUPTCIES.
(a) In General.--Subchapter II of chapter 12 of title 11,
United States Code, is amended by adding at the end the
following:
``Sec. 1232. Claim by a governmental unit based on the
disposition of property used in a farming operation
``(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--
``(1) shall be treated as an unsecured claim arising before
the date on which the petition is filed;
``(2) shall not be entitled to priority under section 507;
``(3) shall be provided for under a plan; and
``(4) shall be discharged in accordance with section 1228.
``(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.
``(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).
``(d)(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.
``(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.
``(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.
``(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) Technical and Conforming Amendments.--
(1) In general.--Subchapter II of chapter 12 of title 11,
United States Code, is amended--
(A) in section 1222(a)--
(i) in paragraph (2), by striking ``unless--'' and all that
follows through ``the holder'' and inserting ``unless the
holder'';
(ii) in paragraph (3), by striking ``and'' at the end;
(iii) in paragraph (4), by striking the period at the end
and inserting ``; and''; and
(iv) by adding at the end the following:
``(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) in section 1228--
(i) in subsection (a)--
(I) in the matter preceding paragraph (1)--
(aa) by inserting a comma after ``all debts provided for by
the plan''; and
(bb) by inserting a comma after ``allowed under section 503
of this title''; and
(II) 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) in subsection (c)(2), by inserting ``, except as
provided in section 1232(c)'' before the period at the end;
and
(C) in section 1229(a)--
(i) in paragraph (2), by striking ``or'' at the end;
(ii) in paragraph (3), by striking the period at the end
and inserting ``; or''; and
(iii) by adding at the end the following:
``(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) 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:
``1232. Claim by a governmental unit based on the disposition of
property used in a farming operation.''.
(c) Effective Date.--The amendments made by this section
shall apply to--
(1) any bankruptcy case--
(A) that is pending on the date of enactment of this Act;
(B) 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) relating to which an order of discharge under section
1228 of title 11, United States Code, has not been entered;
and
(2) any bankruptcy case that commences on or after the date
of enactment of this Act.
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