28 U.S.C. § 156 — Staff; expenses

submitted 42 years ago by Pub. L. 98-353 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 405 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets bankruptcy judges hire staff and, where caseloads justify it, appoint their own clerks. Courts can use outside services for case administration, paid from case funds, not taxpayer money. Bankruptcy clerk offices generally cannot merge with district clerk offices without approval, and certified bankruptcy clerks must account for the fees they collect.

(a) Each bankruptcy judge can hire a secretary, a law clerk, and other assistants the Director of the Administrative Office of the U.S. Courts says are needed. A law clerk hired this way does not have to follow certain federal personnel rules (subchapter I of chapter 63 of title 5), unless the appointing judge or a local court rule says otherwise. (b) If a judicial circuit's council certifies — and tells the Director of the Administrative Office — that a district has enough bankruptcy cases and proceedings to justify it, the bankruptcy judges in that district can appoint someone to serve as clerk of the bankruptcy court. That clerk can then appoint deputies, with the bankruptcy judges' approval, up to a number the Director approves, and can remove deputies the same way. (c) Any court can use outside facilities or services — whether at the courthouse or elsewhere — to handle notices, dockets, calendars, and other administrative information for people involved in bankruptcy cases. The cost must be paid from the bankruptcy estate's own assets, not billed to the United States. The relevant circuit council can set conditions and limits on using these outside services. (d) A bankruptcy clerk's office cannot be merged with the district court clerk's office unless the Judicial Conference and Congress both approve first. (e) In a district where a bankruptcy clerk has been appointed under subsection (b), that clerk is officially in charge of keeping the bankruptcy court's records and dockets. (f) In a district with a certified bankruptcy clerk, that clerk is financially responsible for all fees, costs, and other money collected. The clerk must pay this money into the U.S. Treasury, except for uncollected fees that no Act of Congress requires to be prepaid. The clerk must report this money to the Director of the Administrative Office of the U.S. Courts and the Director of the Executive Office for U.S. Trustees, following rules those Directors set.

the actual law source: uscode.house.gov ↗public domain

(a)

Each bankruptcy judge may appoint a secretary, a law clerk, and such additional assistants as the Director of the Administrative Office of the United States Courts determines to be necessary. A law clerk appointed under this section shall be exempt from the provisions of subchapter I of chapter 63 of title 5, unless specifically included by the appointing judge or by local rule of court.

(b)

Upon certification to the judicial council of the circuit involved and to the Director of the Administrative Office of the United States Courts that the number of cases and proceedings pending within the jurisdiction under section 1334 of this title within a judicial district so warrants, the bankruptcy judges for such district may appoint an individual to serve as clerk of such bankruptcy court. The clerk may appoint, with the approval of such bankruptcy judges, and in such number as may be approved by the Director, necessary deputies, and may remove such deputies with the approval of such bankruptcy judges.

(c)

Any court may utilize facilities or services, either on or off the court’s premises, which pertain to the provision of notices, dockets, calendars, and other administrative information to parties in cases filed under the provisions of title 11, United States Code, where the costs of such facilities or services are paid for out of the assets of the estate and are not charged to the United States. The utilization of such facilities or services shall be subject to such conditions and limitations as the pertinent circuit council may prescribe.

(d)

No office of the bankruptcy clerk of court may be consolidated with the district clerk of court office without the prior approval of the Judicial Conference and the Congress.

(e)

In a judicial district where a bankruptcy clerk has been appointed pursuant to subsection (b), the bankruptcy clerk shall be the official custodian of the records and dockets of the bankruptcy court.

(f)

For purposes of financial accountability in a district where a bankruptcy clerk has been certified, such clerk shall be accountable for and pay into the Treasury all fees, costs, and other monies collected by such clerk except uncollected fees not required by an Act of Congress to be prepaid. Such clerk shall make returns thereof to the Director of the Administrative Office of the United States Courts and the Director of the Executive Office For United States Trustees, under regulations prescribed by such Directors.

Source credit: (Added Pub. L. 98–353, title I, § 104(a), July 10, 1984, 98 Stat. 339; amended Pub. L. 99–554, title I, §§ 103, 142, 144(a), Oct. 27, 1986, 100 Stat. 3090, 3096; Pub. L. 100–702, title X, § 1003(a)(3), Nov. 19, 1988, 102 Stat. 4665.)

history & why it existsrecord from the source credit

1984Enacted · Pub. L. 98-353 · 98 Stat. 339
1986Amended · Pub. L. 99-554 · 100 Stat. 3090, 3096
1988Amended · Pub. L. 100-702 · 102 Stat. 4665

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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