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Code · BILL · 113th Congress · S. 1861 (Introduced in Senate) — To save taxpayer money and end bailouts of financial institutions by providing for a process to allow financial insti... · Sec. 5

Sec. 5. Amendments to title 28, United States Code

548 words·~2 min read·/bill/113/s/1861/is/section-5

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Chapter 13 of title 28, United States Code, is amended by adding at the end the following: chapter 14 of title 11 Notwithstanding section 295, the Chief Justice of the United States shall designate not less than 1 district judge from each circuit to be available to hear an appeal under section 158(a) in a case under title 11 concerning a covered financial corporation or under section 1403(c) of title 11. Notwithstanding section 295, the Chief Justice of the United States shall designate a panel of not less than 10 bankruptcy judges, who are experts in cases under title 11 in which a financial institution is a debtor, to be available to hear a case under chapter 14 of title 11.
Notwithstanding section 295, a case under chapter 14 of title 11 shall be heard under section 157 by a bankruptcy judge designated under paragraph (1), who shall be assigned to hear such case by the chief judge of the court of appeals for the circuit embracing the district in which the case is pending. If the bankruptcy judge designated and assigned to hear a case under paragraphs
(1)and
(2)is not assigned to the district in which the case is pending, the bankruptcy judge shall be temporarily assigned to the district. Notwithstanding section 295, an appeal under section 158(a) in a case under title 11 concerning a covered financial corporation or under section 1403(c) of title 11 shall be heard by a district judge who— is the district judge designated under subsection
(a)from the circuit in which the case is pending; if more than 1 district judge has been designated under subsection
(a)from the circuit in which the case is pending, is 1 such district judge who is designated by the chief judge of that circuit to hear the case; or if none of the district judges designated under subsection
(a)for the circuit in which the case is pending are immediately available, is designated under subsection
(a)from another circuit and has been designated by the Chief Justice of the United States to hear the case. If the district judge specified in paragraph
(1)is not assigned to the district in which the case is pending, the district judge shall be temporarily assigned to the district. A case under chapter 14 of title 11, and all proceedings in the case, shall take place in the district in which the case is pending. In this section, the terms covered financial corporation and financial institution have the meaning given such terms in section 101 of title 11. . Section 1334 of title 28, United States Code, is amended by adding at the end the following: This section does not grant jurisdiction to the district courts after a transfer pursuant to an order under section 1406 of title 11— of any proceeding related to a special trustee appointed, or to a bridge company formed, under section 1405 of title 11; or over the property held in trust by the special trustee, the bridge company, or the property of the bridge company. . The table of sections for chapter 13 of title 28, United States Code, is amended by adding at the end the following: 298. Judge for a case under chapter 14 of title 11. .
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