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S. 1107

Bankruptcy Judgeship Act of 2017

Bankruptcy Judgeship Act of 2017

(Sec. 2) This bill reauthorizes 14 temporary bankruptcy judgeships in specified judicial districts in Delaware, Florida, Maryland, Michigan, Puerto Rico, Virginia, Nevada, and North Carolina.

(Sec. 3) It authorizes the appointment of four additional temporary bankruptcy judges in Delaware, Florida, and Michigan.

(Sec. 4) The bill amends the federal judicial code to increase the quarterly fee imposed on certain chapter 11 (reorganization) debtors. Specifically, if the balance in the U.S. Trustee System Fund is less than $200 million, then a debtor with total quarterly disbursements of $1 million or more must pay a quarterly fee equal to $250,000 or 1% of disbursements, whichever is less.

It also specifies that for FY2018-FY2022, 98% of the quarterly fees collected must be deposited as offsetting collections to the U.S. Trustee System Fund and 2% must be deposited in the general fund of the Treasury.

(Sec. 5) This section amends the federal bankruptcy code to include an unsecured claim by a governmental unit (e.g., a tax claim by the Internal Revenue Service) resulting from the sale, transfer, exchange, or disposition of farming property in chapter 12 bankruptcy (family farmer or fisherman reorganization) proceedings. Such a claim that arises before a debtor's discharge, regardless of whether the claim is pre-petition or post-petition, must be treated as a pre-petition claim, is not entitled to priority status, must be provided for under the bankruptcy plan, and is dischargeable.

Held at the desk.

Sen. Coons, Christopher A. [D-DE](D-DE)Sponsor
7 cosponsors4 D3 R
7cosponsors1committees10actions1amendments4related bills15subjects
  1. FloorH15000

    Held at the desk.

  2. FloorH14000

    Received in the House.

  3. Floor

    Message on Senate action sent to the House.

  4. Floor

    Passed Senate with an amendment by Unanimous Consent.

  5. Floor17000

    Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.

  6. Floor

    Measure laid before Senate by unanimous consent.

  7. Discharge

    Senate Committee on the Judiciary discharged by Unanimous Consent. (consideration: CR S4956)

    Judiciary Committee
  8. Committee14500

    Senate Committee on the Judiciary discharged by Unanimous Consent.(consideration: CR S4956)

    Judiciary Committee
  9. IntroReferral

    Read twice and referred to the Committee on the Judiciary.

    Judiciary Committee
  10. IntroReferral10000

    Introduced in Senate

Sep 5, 201735

Bankruptcy Judgeship Act of 2017

(Sec. 2) This bill reauthorizes 14 temporary bankruptcy judgeships in specified judicial districts in Delaware, Florida, Maryland, Michigan, Puerto Rico, Virginia, Nevada, and North Carolina.

(Sec. 3) It authorizes the appointment of four additional temporary bankruptcy judges in Delaware, Florida, and Michigan.

(Sec. 4) The bill amends the federal judicial code to increase the quarterly fee imposed on certain chapter 11 (reorganization) debtors. Specifically, if the balance in the U.S. Trustee System Fund is less than $200 million, then a debtor with total quarterly disbursements of $1 million or more must pay a quarterly fee equal to $250,000 or 1% of disbursements, whichever is less.

It also specifies that for FY2018-FY2022, 98% of the quarterly fees collected must be deposited as offsetting collections to the U.S. Trustee System Fund and 2% must be deposited in the general fund of the Treasury.

(Sec. 5) This section amends the federal bankruptcy code to include an unsecured claim by a governmental unit (e.g., a tax claim by the Internal Revenue Service) resulting from the sale, transfer, exchange, or disposition of farming property in chapter 12 bankruptcy (family farmer or fisherman reorganization) proceedings. Such a claim that arises before a debtor's discharge, regardless of whether the claim is pre-petition or post-petition, must be treated as a pre-petition claim, is not entitled to priority status, must be provided for under the bankruptcy plan, and is dischargeable.
May 11, 2017

Bankruptcy Judgeship Act of 2017

This bill amends the federal judicial code to:

  • convert certain temporary bankruptcy judges to permanent bankruptcy judges and authorize the appointment of additional bankruptcy judges in Delaware and Michigan;
  • convert temporary bankruptcy judges to permanent bankruptcy judges in specified judicial districts in Florida, Maryland, Nevada, North Carolina, Puerto Rico, and Virginia; and
  • authorize the appointment of an additional bankruptcy judge in the middle district of Florida.

The bill increases the quarterly fee payable to the U.S. trustee by chapter 11 (reorganization) debtors whose disbursements equal or exceed $1 million in a fiscal year unless the balance in the United States Trustee System Fund exceeds $200 million.

For FY2018-FY2022, 97.5% of the quarterly U.S. trustee fees shall be deposited as offsetting collections to the United States Trustee System Fund and 2.5% shall be deposited in the general fund of the Treasury.

Bankruptcy Judgeship Act of 2017 — Informed