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28 U.S.C. § 155Temporary transfer of bankruptcy judges

submitted 42 years ago by Pub. L. 98-353 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 138 words · no verdicts yet

in plain englishAI-generated · not legal advice

A bankruptcy judge can temporarily serve in a different judicial district if both circuits' judicial councils approve. A retired bankruptcy judge can be recalled to serve, with their consent, by the circuit's judicial council. A recalled judge may be paid, subject to certain pension rules.

(a) A bankruptcy judge can be temporarily transferred to serve in a judicial district other than the one they were originally appointed to. This needs approval from the judicial council of each circuit involved. (b) A retired bankruptcy judge can be recalled to serve again, but only if they agree. The judicial council of the circuit where the district sits handles the recall. Once recalled, the judge can be paid a salary for that work, following rules the Judicial Conference of the United States sets, subject to pension-related limits in section 377, and in certain retirement law chapters of title 5, that apply to that judge.
the actual law source: uscode.house.gov ↗public domain
(a)

A bankruptcy judge may be transferred to serve temporarily as a bankruptcy judge in any judicial district other than the judicial district for which such bankruptcy judge was appointed upon the approval of the judicial council of each of the circuits involved.

(b)

A bankruptcy judge who has retired may, upon consent, be recalled to serve as a bankruptcy judge in any judicial district by the judicial council of the circuit within which such district is located. Upon recall, a bankruptcy judge may receive a salary for such service in accordance with regulations promulgated by the Judicial Conference of the United States, subject to the restrictions on the payment of an annuity in section 377 of this title or in subchapter III of chapter 83, and chapter 84, of title 5 which are applicable to such judge.

Source credit: (Added Pub. L. 98–353, title I, § 104(a), July 10, 1984, 98 Stat. 339; amended Pub. L. 99–651, title II, § 202(a), Nov. 14, 1986, 100 Stat. 3648; Pub. L. 100–659, § 4(a), Nov. 15, 1988, 102 Stat. 3918.)

history & why it existsrecord from the source credit
  • 1984Enacted · Pub. L. 98-353 · 98 Stat. 339
  • 1986Amended · Pub. L. 99-651 · 100 Stat. 3648
  • 1988Amended · Pub. L. 100-659 · 102 Stat. 3918

A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-353 on 1984-07-10.

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