§ 152. Appointment of bankruptcy judges
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(1)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. Such appointments shall be made after considering the recommendations of the Judicial Conference submitted pursuant to subsection (b). Each bankruptcy judge shall be appointed for a term of fourteen years, subject to the provisions of subsection (e). 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. Bankruptcy judges shall serve as judicial officers of the United States district court established under Article III of the Constitution.
(2)The bankruptcy judges appointed pursuant to this section shall be appointed for the several judicial districts as follows: DistrictsJudges Alabama: Northern5 Middle2 Southern2 Alaska2 Arizona7 Arkansas: Eastern and Western3 California: Northern9 Eastern6 Central21 Southern4 Colorado5 Connecticut3 Delaware1 District of Columbia1 Florida: Northern1 Middle8 Southern5 Georgia: Northern8 Middle3 Southern2 Hawaii1 Idaho2 Illinois: Northern10 Central3 Southern1 Indiana: Northern3 Southern4 Iowa: Northern2 Southern2 Kansas4 Kentucky: Eastern2 Western3 Louisiana: Eastern2 Middle1 Western3 Maine2 Maryland4 Massachusetts5 Michigan: Eastern4 Western3 Minnesota4 Mississippi: Northern1 Southern2 Missouri: Eastern3 Western3 Montana1 Nebraska2 Nevada3 New Hampshire1 New Jersey8 New Mexico2 New York: Northern2 Southern9 Eastern6 Western3 North Carolina: Eastern2 Middle2 Western2 North Dakota1 Ohio: Northern8 Southern7 Oklahoma: Northern2 Eastern1 Western3 Oregon5 Pennsylvania: Eastern5 Middle2 Western4 Puerto Rico2 Rhode Island1 South Carolina2 South Dakota2 Tennessee: Eastern3 Middle3 Western4 Texas: Northern6 Eastern2 Southern6 Western4 Utah3 Vermont1 Virginia: Eastern5 Western3 Washington: Eastern2 Western5 West Virginia: Northern1 Southern1 Wisconsin: Eastern4 Western2 Wyoming1.
(3)Whenever a majority of the judges of any court of appeals cannot agree upon the appointment of a bankruptcy judge, the chief judge of such court shall make such appointment.
(4)The judges of the district courts for the territories shall serve as the bankruptcy judges for such courts. The United States court of appeals for the circuit within which such a territorial district court is located may appoint bankruptcy judges under this chapter for such district if authorized to do so by the Congress of the United States under this section.
(1)The Judicial Conference of the United States shall, from time to time, and after considering the recommendations submitted by the Director of the Administrative Office of the United States Courts after such Director has consulted with the judicial council of the circuit involved, determine the official duty stations of bankruptcy judges and places of holding court.
(2)The Judicial Conference shall, from time to time, submit recommendations to the Congress regarding the number of bankruptcy judges needed and the districts in which such judges are needed.
(3)Not later than December 31, 1994, and not later than the end of each 2-year period thereafter, the Judicial Conference of the United States shall conduct a comprehensive review of all judicial districts to assess the continuing need for the bankruptcy judges authorized by this section, and shall report to the Congress its findings and any recommendations for the elimination of any authorized position which can be eliminated when a vacancy exists by reason of resignation, retirement, removal, or death.
(1)Each bankruptcy judge may hold court at such places within the judicial district, in addition to the official duty station of such judge, as the business of the court may require.
(A)Bankruptcy judges may hold court at such places within the United States outside the judicial district as the nature of the business of the court may require, and upon such notice as the court orders, upon a finding by either the chief judge of the bankruptcy court (or, if the chief judge is unavailable, the most senior available bankruptcy judge) or by the judicial council of the circuit that, because of emergency conditions, no location within the district is reasonably available where the bankruptcy judges could hold court.
(B)Bankruptcy judges may transact any business at special sessions of court held outside the district pursuant to this paragraph that might be transacted at a regular session.
(C)If a bankruptcy court issues an order exercising its authority under subparagraph (A), the court—
(i)through the Administrative Office of the United States Courts, shall—
(I)send notice of such order, including the reasons for the issuance of such order, to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives; and
(II)not later than 180 days after the expiration of such court order submit a brief report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives describing the impact of such order, including—
(aa)the reasons for the issuance of such order;
(bb)the duration of such order;
(cc)the impact of such order on litigants; and
(dd)the costs to the judiciary resulting from such order; and
(ii)shall provide reasonable notice to the United States Marshals Service before the commencement of any special session held pursuant to such order.
(d)With the approval of the Judicial Conference and of each of the judicial councils involved, a bankruptcy judge may be designated to serve in any district adjacent to or near the district for which such bankruptcy judge was appointed.
(e)A bankruptcy judge may be removed during the term for which such bankruptcy judge is appointed, only for incompetence, misconduct, neglect of duty, or physical or mental disability and only by the judicial council of the circuit in which the judge’s official duty station is located. Removal may not occur unless a majority of all of the judges of such council concur in the order of removal. Before any order of removal may be entered, a full specification of charges shall be furnished to such bankruptcy judge who shall be accorded an opportunity to be heard on such charges.
(Added Pub. L. 98–353, title I, § 104(a), July 10, 1984, 98 Stat. 336; amended Pub. L. 99–554, title I, § 101, Oct. 27, 1986, 100 Stat. 3088; Pub. L. 100–587, Nov. 3, 1988, 102 Stat. 2982; Pub. L. 101–650, title III, § 304, Dec. 1, 1990, 104 Stat. 5105; Pub. L. 102–361, §§ 2, 4, Aug. 26, 1992, 106 Stat. 965, 966; Pub. L. 109–8, title XII, § 1223(d), Apr. 20, 2005, 119 Stat. 198; Pub. L. 109–63, § 2(c), Sept. 9, 2005, 119 Stat. 1994.)
Connections721 cite this · traces to 9
Cited by 721 sections · top 46
public-private-law
- Public Law 115-31Consolidated Appropriations Act, 2017
- Public Law 116-159Continuing Appropriations Act, 2021 and Other Extensions Act
- Public Law 115-72Additional Supplemental Appropriations for Disaster Relief Requirements Act, 2017
- Public Law 116-325Bankruptcy Administration Improvement Act of 2020
- Public Law 119-76Bankruptcy Administration Improvement Act of 2025
U.S. Code
statutes-at-large
- Public Law 99–349Making urgent supplemental appropriations for the fiscal year ending September 30, 1986, and for other purposes
- Public Law 263
- Public LawMaking appropriations for the fiscal year ending September 30, 2017, and for other purposes
- Public Law 112–121To prevent the termination of the temporary office of bankruptcy judges in certain judicial districts
- Public Law 116–159Making continuing appropriations for fiscal year 2021, and for other purposes
- Public Law 264
- Public Law 115–72Making additional supplemental appropriations for disaster relief requirements for the fiscal year ending September 30, 2018, and for other purposes
- Public Law 95–598To establish a uniform Law on the Subject of Bankruptcies
- Public Law 109–8To amend title 11 of the United States Code, and for other purposes
- Public Law 116–325To ensure funding of the United States trustees, extend temporary bankruptcy judgeships, and for other purposes
- Public Law 99–554To amend title 28 of the United States Code to provide for the appointment of additional bankruptcy judges, to provide for the appointment of United States trustees to serve in bankruptcy cases in judicial districts throughout the United States, to make certain changes with respect to the role of Un
- Public Law 102–361To amend title 28, United States Code, to authorize the appointment of additional bankruptcy judges, and for other purposes
- Public Law 98–353To amend title 28 of the United States Code regarding jurisdiction of bankruptcy proceedings, to establish new Federal judicial positions, to amend title 11 of the United States Code, and for other purposes
- Public Law 104–317To make improvements in the operation and administration of the Federal courts, and for other purposes
statute-compilations
- Sec. 139Section 2(b)(2)(C)(i) of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152 note; Public Law 112-121) is amended (with regard to the 1st vacancy in the eastern district of Tennessee) by striking “5 years” and inserting “9 years”.
- Sec. 5EXTENSION OF TERM OF CERTAIN TEMPORARY OFFICES OF BANKRUPTCY JUDGE
- Sec. 4SUBSEQUENT REAUTHORIZATION
- Sec. 504### (a)
- Sec. 1002EXTENSION OF TEMPORARY OFFICE OF BANKRUPTCY JUDGES IN CERTAIN JUDICIAL DISTRICTS
- Sec. 2EXTENSION OF TEMPORARY OFFICE OF BANKRUPTCY JUDGES IN CERTAIN JUDICIAL DISTRICTS
- Sec. 4EXTENSION OF TEMPORARY OFFICE OF BANKRUPTCY JUDGES IN CERTAIN JUDICIAL DISTRICTS
bill
- Sec. 2Conversion of the temporary office of bankruptcy judge to the permanent office of bankruptcy judge in certain judicial districts
- Sec. 308
- Sec. 308
- Sec. 308
- Sec. 3Conversion of existing temporary bankruptcy judgeships
- Sec. 307
- Sec. 2Conversion of the temporary office of bankruptcy judge to the permanent office of bankruptcy judge in certain judicial districts
- Sec. 1002Extension of temporary office of bankruptcy judges in certain judicial districts
- Sec. 2Extension of temporary office of bankruptcy judges in certain judicial districts
- Sec. 2Conversion of the temporary office of bankruptcy judge to the permanent office of bankruptcy judge in certain judicial districts
- Sec. 5Extension of term of certain temporary offices of bankruptcy judge
Traces to 9 documents
U.S. Code
public-private-law
- Bankruptcy Administration Improvement Act of 2020Public Law 116-325
- Bankruptcy Administration Improvement Act of 2025Public Law 119-76
- Additional Supplemental Appropriations for Disaster Relief Requirements Act, 2017Public Law 115-72
- Consolidated Appropriations Act, 2017Public Law 115-31
- Continuing Appropriations Act, 2021 and Other Extensions ActPublic Law 116-159
54 references not yet in our index
- Pub. L. 98–353, title I, § 104(a)
- 98 Stat. 336
- Pub. L. 99–554, title I, § 101
- 100 Stat. 3088
- Pub. L. 100–587
- 102 Stat. 2982
- Pub. L. 101–650, title III, § 304
- 104 Stat. 5105
- Pub. L. 102–361
- 106 Stat. 965
- Pub. L. 109–8, title XII, § 1223(d)
- 119 Stat. 198
- Pub. L. 109–63, § 2(c)
- 119 Stat. 1994
- Pub. L. 109–8, § 1223(d)(1)
- Pub. L. 109–8, § 1223(d)(2)
- Pub. L. 109–63
- Pub. L. 102–361, § 2
- Pub. L. 102–361, § 4
- Pub. L. 101–650
- Pub. L. 99–554
- Pub. L. 109–8, title XII, § 1223(e)
- section 302(b) of Pub. L. 99–554
- Pub. L. 112–121, § 4
- 126 Stat. 349
- 134 Stat. 5089
- 140 Stat. 742
- Pub. L. 109–8
- Pub. L. 112–121
- 131 Stat. 1229
- section 1223 of Pub. L. 109–8
- 131 Stat. 1231
- 140 Stat. 743
- Pub. L. 112–121, § 2
- 126 Stat. 346
- 131 Stat. 347
- 134 Stat. 717
- section 1223(b) of Public Law 109–8
- section 1223(c) of Public Law 109–8
- Pub. L. 109–8, title XII, § 1223(b)
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§ 152
Appointment of bankruptcy judges
Bills×434
Stat.×81
U.S.C.×80
Stat. Comp.×68
Pub. L.×58
Pub. L.Pub. L. 98–353, title I, § 104(a)
Stat.98 Stat. 336
Pub. L.Pub. L. 99–554, title I, § 101
Cites 63 · showing 12Cited by 721 across 5 sources