§ 302. EFFECTIVE DATES; APPLICATION OF AMENDMENTS.
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General Effective Date .— Except as provided in subsections (b), (c), (d), (e), and [former] (f), this Act and the amendments made by this Act [see Short Title of 1986 Amendment note below] shall take effect 30 days after the date of the enactment of this Act [ Oct. 27, 1986 ]. Amendments Relating to Bankruptcy Judges and Incumbent United States Trustees .— Subtitle A of title I, and sections 301 and 307(a) [amending sections 152 and 156 of this title, enacting provisions set out as notes under section 581 of this title , and amending provisions set out as notes under section 152 of this title and preceding section 581 of this title ], shall take effect on the date of the enactment of this Act [ Oct. 27, 1986 ].
Amendments Relating to Family Farmers .— The amendments made by subtitle B of title II [§§ 251 to 257 of Pub. L. 99–554 , see Tables for classification] shall not apply with respect to cases commenced under title 11 of the United States Code before the effective date of this Act. Section 1202 of title 11 of the United States Code (as added by the amendment made by section 255 of this Act) shall take effect on the effective date of this Act and before the amendment made by section 227 of this Act [amending section 1202 of this title ].
Until the amendments made by subtitle A of title II of this Act [§§ 201 to 231 of Pub. L. 99–554 , see Tables for classification] become effective in a district and apply to a case, for purposes of such case— any reference in section 326(b) of title 11 of the United States Code to chapter 13 of title 11 of the United States Code shall be deemed to be a reference to chapter 12 or chapter 13 of title 11 of the United States Code, any reference in such section 326(b) to section 1302(d) of title 11 of the United States Code shall be deemed to be a reference to section 1302(d) of title 11 of the United States Code or section 586(b) of title 28 of the United States Code, and any reference in such section 326(b) to section 1302(a) of title 11 of the United States Code shall be deemed to be a reference to section 1202(a) or section 1302(a) of title 11 of the United States Code, and the first two references in section 1202(a) of title 11 of the United States Code (as added by the amendment made by section 255 of this Act) to the United States trustee shall be deemed to be a reference to the court, and any reference in such section 1202(a) to section 586(b) of title 28 of the United States Code shall be deemed to be a reference to section 1202(c) of title 11 of the United States Code (as so added).
Application of Amendments to Judicial Districts.— Certain regions not currently served by united states trustees .— The amendments made by subtitle A of title II of this Act [§§ 201 to 231 of Pub. L. 99–554 , see Tables for classification], and section 1930(a)(6) of title 28 of the United States Code (as added by section 117(4) of this Act), shall not— become effective in or with respect to a judicial district specified in subparagraph
(B)until, or apply to cases while pending in such district before, the expiration of the 270-day period beginning on the effective date of this Act or of the 30-day period beginning on the date the Attorney General certifies under section 303 of this Act the region specified in a paragraph of section 581(a) of title 28 , United States Code, as amended by section 111(a) of this Act, that includes such district, whichever occurs first. Subparagraph
(A)applies to the following: The judicial district established for the Commonwealth of Puerto Rico. The District of Connecticut. The judicial districts established for the State of New York (other than the Southern District of New York). The District of Vermont. The judicial districts established for the State of Pennsylvania. The judicial district established for the Virgin Islands of the United States. The District of Maryland. The judicial districts established for the State of North Carolina. The District of South Carolina. The judicial districts established for the State of West Virginia. The Western District of Virginia. The Eastern District of Texas. The judicial districts established for the State of Wisconsin. The judicial districts established for the State of Iowa. The judicial districts established for the State of New Mexico. The judicial districts established for the State of Oklahoma. The District of Utah. The District of Wyoming (including those portions of Yellowstone National Park situated in the States of Montana and Idaho). The judicial districts established for the State of Alabama. The judicial districts established for the State of Florida. The judicial districts established for the State of Georgia. Certain remaining judicial districts not currently served by united states trustees .— The amendments made by subtitle A of title II of this Act [§§ 201 to 231 of Pub. L. 99–554 , see Tables for classification], and section 1930(a)(6) of title 28 of the United States Code (as added by section 117(4) of this Act), shall not— become effective in or with respect to a judicial district specified in subparagraph
(B)until, or apply to cases while pending in such district before, the expiration of the 2-year period beginning on the effective date of this Act or of the 30-day period beginning on the date the Attorney General certifies under section 303 of this Act the region specified in a paragraph of section 581(a) of title 28 , United States Code, as amended by section 111(a) of this Act, that includes such district, whichever occurs first. Subparagraph
(A)applies to the following: The judicial districts established for the State of Louisiana. The judicial districts established for the State of Mississippi. The Southern District of Texas and the Western District of Texas. The judicial districts established for the State of Kentucky. The judicial districts established for the State of Tennessee. The judicial districts established for the State of Michigan. The judicial districts established for the State of Ohio. The judicial districts established for the State of Illinois (other than the Northern District of Illinois). The judicial districts established for the State of Indiana. The judicial districts established for the State of Arkansas. The judicial districts established for the State of Nebraska. The judicial districts established for the State of Missouri. The District of Arizona. The District of Hawaii. The judicial district established for Guam. The judicial district established for the Commonwealth of the Northern Mariana Islands. The judicial districts established for the State of California (other than the Central District of California). The District of Nevada. The District of Alaska. The District of Idaho. The District of Montana. The District of Oregon. The judicial districts established for the State of Washington. Judicial districts for the states of alabama and north carolina .— Notwithstanding paragraphs
(1)and (2), and any other provision of law, the amendments made by subtitle A of title II of this Act [§§ 201 to 231 of Pub. L. 99–554 , see Tables for classification], and section 1930(a)(6) of title 28 of the United States Code (as added by section 117(4) of this Act), shall not— become effective in or with respect to a judicial district specified in subparagraph
(E)until, or apply to cases while pending in such district before, such district elects to be included in a bankruptcy region established in section 581(a) of title 28 , United States Code, as amended by section 111(a) of this Act, except that the amendment to section 105(a) of title 11 , United States Code, shall become effective as of the date of the enactment of the Federal Courts Study Committee Implementation Act of 1990 [ Dec. 1, 1990 ]. Any election under subparagraph
(A)shall be made upon a majority vote of the chief judge of such district and each bankruptcy judge in such judicial district in favor of such election. Notice that an election has been made under subparagraph
(A)shall be given, not later than 10 days after such election, to the Attorney General and the appropriate Federal Circuit Court of Appeals for such district. Any election made under subparagraph
(A)shall become effective on the date the amendments made by subtitle A of title II of this Act become effective in the region that includes such district or 30 days after the Attorney General receives the notice required under subparagraph (C), whichever occurs later. Subparagraph
(A)applies to the following: The judicial districts established for the State of Alabama. The judicial districts established for the State of North Carolina. Subject to clause (ii), with respect to cases under chapters 7, 11, 12, and 13 of title 11, United States Code— commenced before the effective date of this Act, and pending in a judicial district in the State of Alabama or the State of North Carolina before any election made under subparagraph
(A)by such district becomes effective, the amendments made by section 113 [amending section 586 of this title ] and subtitle A of title II of this Act, and section 1930(a)(6) of title 28 of the United States Code (as added by section 117(4) of this Act), shall not apply until the expiration of the 1-year period beginning on the date such election becomes effective. For purposes of clause (i), the amendments made by section 113 and subtitle A of title II of this Act, and section 1930(a)(6) of title 28 of the United States Code (as added by section 117(4) of this Act), shall not apply with respect to a case under chapter 7, 11, 12, or 13 of title 11, United States Code, if— the trustee in the case files the final report and account of administration of the estate, required under section 704 of such title, or a plan is confirmed under section 1129, 1225, or 1325 of such title, before the expiration of the 1-year period beginning on the date such election becomes effective. Notwithstanding section 589a of title 28 , United States Code, as added by section 115 of this Act, funds collected as a result of the amendments made by section 117 of this Act [amending section 1930 of this title ] in a judicial district in the State of Alabama or the State of North Carolina under section 1930(a) of title 28 , United States Code, before the date the amendments made by subtitle A of title II of this Act take effect in such district shall be deposited in the general receipts of the Treasury. The repeal made by section 231 of this Act [repealing chapter 15 of title 11] shall not apply in or with respect to the Northern District of Alabama until March 1, 1987 , or the effective date of any election made under subparagraph
(A)by such district, whichever occurs first. In any judicial district in the State of Alabama or the State of North Carolina that has not made the election described in subparagraph (A), any person who is appointed under regulations issued by the Judicial Conference of the United States to administer estates in cases under title 11 of the United States Code may— establish, maintain, and supervise a panel of private trustees that are eligible and available to serve as trustees in cases under title 11, United States Code, and supervise the administration of cases and trustees in cases under chapters 7, 11, 12, and 13 of title 11, United States Code, until the amendments made by subtitle A of title II take effect in such district. Application of United States Trustee System and Quarterly Fees to Certain Cases.— In general .— Subject to paragraph (2), with respect to cases under chapters 7, 11, 12, and 13 of title 11, United States Code— commenced before the effective date of this Act, and pending in a judicial district referred to in section 581(a) of title 28 , United States Code, as amended by section 111(a) of this Act, for which a United States trustee is not authorized before the effective date of this Act to be appointed, the amendments made by section 113 [amending section 586 of this title ] and subtitle A of title II of this Act [§§ 201 to 231 of Pub. L. 99–554 , see Tables for classification], and section 1930(a)(6) of title 28 of the United States Code (as added by section 117(4) of this Act), shall not apply until the expiration of the 3-year period beginning on the effective date of this Act, or of the 1-year period beginning on the date the Attorney General certifies under section 303 of this Act the region specified in a paragraph of such section 581(a), as so amended, that includes such district, whichever occurs first. Amendments inapplicable .— For purposes of paragraph (1), the amendments made by section 113 and subtitle A of title II of this Act, and section 1930(a)(6) of title 28 of the United States Code (as added by section 117(4) of this Act), shall not apply with respect to a case under chapter 7, 11, 12, or 13 of title 11, United States Code, if— the trustee in the case files the final report and account of administration of the estate, required under section 704 of such title, or a plan is confirmed under section 1129, 1225, or 1325 of such title, before the expiration of the 3-year period, or the expiration of the 1-year period, specified in paragraph (1), whichever occurs first. Rule of construction regarding fees for cases .— This Act [see Short Title of 1986 Amendment note below] and the amendments made by section 117(4) of this Act [amending section 1930 of this title ] shall not be construed to require the payment of a fee under paragraph
(6)of section 1930(a) of title 28 , United States Code, in a case under title 11 of the United States Code for any conduct or period occurring before such paragraph becomes effective in the district in which such case is pending.
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§ 302
EFFECTIVE DATES; APPLICATION OF AMENDMENTS.
U.S.C.×3
Pub. L.Pub. L. 99-554
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