S 1107 — Bankruptcy Judgeship Act of 2017

(3) Eastern district of michigan.--The 2d vacancy in the office of a bankruptcy judge for the eastern district of Michigan-- (A) occurring more than 11 years after the date of enactment of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C.

Public Law 109-8)112-121); and section 2(b)(1) of the Temporary Bankruptcy Judgeships Extension Act of (28 U.S.C.

152and note;(B) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.

Public Law 112-121), is converted hereby to the permanent office of bankruptcy judge, represented in the amendment made by section 3(1) of this Act, and may be filled.

(b) Southern District of Florida.--The temporary office of 2 bankruptcy judges authorized for the southern district of Florida by section 1223(b)(1)(D) of the Bankruptcy Judgeship Act of 2005 (28 U.S.C.

152 note;

Public Law 109-8), and extended by section 2(a)(1)(D) of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C.

note;

Public Law 112-121), is converted hereby to the permanent office of bankruptcy judge, represented in the amendment made by section 3(3) of this Act, and may be filled.

(c) District of Maryland.--The temporary office of 1 bankruptcy judge first appointed as authorized for the district of Maryland by section 1223(b)(1)(F) of the Bankruptcy Judgeship Act of 2005 (28 U.S.C.

152 note;

Public Law 109-8), and extended by section 2(a)(1)(F) of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C.

note;

Public Law 112-121), is converted hereby to the permanent office of bankruptcy judge, represented in the amendment made by section 3(4) of this Act, and may be filled.

(d) Eastern District of Michigan.--The temporary office of bankruptcy judge authorized for the eastern district of Michigan by section 1223(b)(1)(G) of the Bankruptcy Judgeship Act of 2005 (28 U.S.C.

152 note;

Public Law 109-8), and extended by section 2(a)(1)(G) of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C.

note;

Public Law 112-121), is converted hereby to the permanent office of bankruptcy judge, represented in the amendment made by section 3(5) of this Act, and may be filled.

(e) District of Nevada.--The temporary office of bankruptcy judge authorized for the district of Nevada by section 1223(b)(1)(T) of the Bankruptcy Judgeship Act of 2005 (28 U.S.C.

152 note;

Public Law 109- 8), and extended by section 2(a)(1)(Q) of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C.

152 note;

Public Law 112- 121), is converted hereby to the permanent office of bankruptcy judge, represented in the amendment made by section 3(6) of this Act, and may be filled.

(f) Eastern District of North Carolina.--The temporary office of bankruptcy judge authorized for the eastern district of North Carolina by section 1223(b)(1)(M) of the Bankruptcy Judgeship Act of 2005 (28 U.S.C.

152 note;

Public Law 109-8), and extended by section 2(a)(1)(J) of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C.

note;

Public Law 112-121), is converted hereby to the permanent office of bankruptcy judge, represented in the amendment made by section 3(7) of this Act, and may be filled.

(g) District of Puerto Rico.-- (1) The temporary office of bankruptcy judge authorized for the district of Puerto Rico by section 1223(b)(1)(P) of the Bankruptcy Judgeship Act of 2005 (28 U.S.C.

152 note;

Public Law 109-8), and extended by section 2(a)(1)(M) of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C.

152 note;

Public Law 112-121), is converted hereby to the permanent office of bankruptcy judge, represented in the amendment made by section 3(8) of this Act, and may be filled.

(2) The temporary office of bankruptcy judge authorized for the district of Puerto Rico by section 3(a)(7) of the Bankruptcy Judgeship Act of 1992 (28 U.S.C.

152 note;

Public Law 102-361), and extended by section 1223(c)(1) of the Bankruptcy Judgeship Act of 2005 (28 U.S.C.

152 note;

Public Law 109-8) and section 2(b)(1) of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C.

152 note;

Public Law 112-121), is converted hereby to the permanent office of bankruptcy judge, is represented in the amendment made by section 3(8) of this Act, and may be filled.

(h) Eastern District of Virginia.--The temporary office of bankruptcy judge authorized for the eastern district of Virginia by section 1223(b)(1)(R) of the Bankruptcy Judgeship Act of 2005 (28 U.S.C.

152 note;

Public Law 109-8), and extended by section 2(a)(1)(P) of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C.

note;

Public Law 112-121), is converted hereby to the permanent office of bankruptcy judge, is represented in the amendment made by section 3(9) of this Act, and may be filled.

3.

PERMANENT OFFICE OF BANKRUPTCY JUDGE AUTHORIZED.

To reflect the conversion of the temporary office of bankruptcy judge to the permanent office of bankruptcy judge made by the operation of section 2, and to authorize the appointment of additional bankruptcy judges, section 152(a)(2) of title 28, United States Code, is amended-- (1) in the item relating to the district of Delaware, by striking ``1'' and inserting ``8'';

(2) in the item relating to the middle district of Florida, by striking ``8'' and inserting ``9'';

(3) in the item relating to the southern district of Florida, by striking ``5'' and inserting ``7'';

(4) in the item relating to the district of Maryland, by striking ``4'' and inserting ``5'';

(5) in the item relating to the eastern district of Michigan, by striking ``4'' and inserting ``6'';

(6) in the item relating to the district of Nevada, by striking ``3'' and inserting ``4'';

(7) in the item relating to the eastern district of North Carolina, by striking ``2'' and inserting ``3'';

(8) in the item relating to the district of Puerto Rico, by striking ``2'' and inserting ``4'';

and (9) in the item relating to the eastern district of Virginia, by striking ``5'' and inserting ``6''.

SEC.

``(B) InDuring anyeach of fiscal year,years the2018 quarterlythrough fee2022, payableif forthe abalance quarter in whichthe disbursementsUnited equalStates orTrustee exceedSystem $1,000,000Fund shallas beof 1September percent30 of suchthe disbursementsmost orrecent $250,000,full whicheverfiscal year is less,less unlessthan $200,000,000, the balancequarterly fee payable for a quarter in thewhich Uniteddisbursements Statesequal Trusteeor Systemexceed Fund$1,000,000 asshall ofbe Septemberthe 30lesser immediatelyof precedingpercent of such fiscaldisbursements yearor exceeds$250,000.''. $200,000,000.''.

(b) Deposits of Certain Fees for Fiscal Years 2018 Through 2022.-- Notwithstanding section 589a(b) of title 28, United States Code, for each of fiscal years 2018 through 2022-- (1) 97.598 percent of the fees collected under section 1930(a)(6) of such title shall be deposited as offsetting collections to the appropriation ``United States Trustee System Fund'', to remain available until expended;

and (2) 2.52 percent of the fees collected under section 1930(a)(6) of such title shall be deposited in the general fund of the Treasury.

(c) EffectiveApplication Date;of Amendments.--The amendments made by this section shall apply to quarterly fees payable under section 1930(a)(6) of title 28, United States Code, as amended by this section, for disbursements made in any calendar quarter that begins on or after the date of enactment of this Act.

ApplicationSEC. of Amendments.-- (1) Effective date.--This section shall take effect on July 1, 2017, or on the date of enactment of this Act, whichever is later.

(2)5. Application of amendments.--The amendments made by this section shall apply to quarterly fees payable under section 1930(a)(6) of title 28, United States Code, as amended by this section, for disbursements made in any calendar quarter that begins on or after the effective date of this section.

<all>CLARIFICATION OF RULE ALLOWING DISCHARGE TO GOVERNMENTAL CLAIMS ARISING FROM THE DISPOSITION OF FARM ASSETS UNDER CHAPTER BANKRUPTCIES.

(a) In General.--Subchapter II of chapter 12 of title 11, United States Code, is amended by adding at the end the following:

``Sec.

1232.

Claim by a governmental unit based on the disposition of property used in a farming operation ``(a) Any unsecured claim of a governmental unit against the debtor or the estate that arises before the filing of the petition, or that arises after the filing of the petition and before the debtor's discharge under section 1228, as a result of the sale, transfer, exchange, or other disposition of any property used in the debtor's farming operation-- ``(1) shall be treated as an unsecured claim arising before the date on which the petition is filed;

``(2) shall not be entitled to priority under section 507;

``(3) shall be provided for under a plan;

and ``(4) shall be discharged in accordance with section 1228.

``(b) For purposes of applying sections 1225(a)(4), 1228(b)(2), and 1229(b)(1) to a claim described in subsection (a) of this section, the amount that would be paid on such claim if the estate of the debtor were liquidated in a case under chapter 7 of this title shall be the amount that would be paid by the estate in a chapter 7 case if the claim were an unsecured claim arising before the date on which the petition was filed and were not entitled to priority under section 507.

``(c) For purposes of applying sections 523(a), 1228(a)(2), and 1228(c)(2) to a claim described in subsection (a) of this section, the claim shall not be treated as a claim of a kind specified in subparagraph (A) or (B) of section 523(a)(1).

``(d)(1) A governmental unit may file a proof of claim for a claim described in subsection (a) that arises after the date on which the petition is filed.

``(2) If a debtor files a tax return after the filing of the petition for a period in which a claim described in subsection (a) arises, and the claim relates to the tax return, the debtor shall serve notice of the claim on the governmental unit charged with the responsibility for the collection of the tax at the address and in the manner designated in section 505(b)(1).

Notice under this paragraph shall state that the debtor has filed a petition under this chapter, state the name and location of the court in which the case under this chapter is pending, state the amount of the claim, and include a copy of the filed tax return and documentation supporting the calculation of the claim.

``(3) If notice of a claim has been served on the governmental unit in accordance with paragraph (2), the governmental unit may file a proof of claim not later than 180 days after the date on which such notice was served.

If the governmental unit has not filed a timely proof of the claim, the debtor or trustee may file proof of the claim that is consistent with the notice served under paragraph (2).

If a proof of claim is filed by the debtor or trustee under this paragraph, the governmental unit may not amend the proof of claim.

``(4) A claim filed under this subsection shall be determined and shall be allowed under subsection (a), (b), or (c) of section 502, or disallowed under subsection (d) or (e) of section 502, in the same manner as if the claim had arisen immediately before the date of the filing of the petition.''.

(b) Technical and Conforming Amendments.-- (1) In general.--Subchapter II of chapter 12 of title 11, United States Code, is amended-- (A) in section 1222(a)-- (i) in paragraph (2), by striking ``unless--'' and all that follows through ``the holder'' and inserting ``unless the holder'';

(ii) in paragraph (3), by striking ``and'' at the end;

(iii) in paragraph (4), by striking the period at the end and inserting ``;

and'';

and (iv) by adding at the end the following:

``(5) subject to section 1232, provide for the treatment of any claim by a governmental unit of a kind described in section 1232(a).'';

(B) in section 1228-- (i) in subsection (a)-- (I) in the matter preceding paragraph (1)-- (aa) by inserting a comma after ``all debts provided for by the plan'';

and (bb) by inserting a comma after ``allowed under section of this title'';

and (II) in paragraph (2), by striking ``the kind'' and all that follows and inserting ``a kind specified in section 523(a) of this title, except as provided in section 1232(c).'';

and (ii) in subsection (c)(2), by inserting ``, except as provided in section 1232(c)'' before the period at the end;

and (C) in section 1229(a)-- (i) in paragraph (2), by striking ``or'' at the end;

(ii) in paragraph (3), by striking the period at the end and inserting ``;

or'';

and (iii) by adding at the end the following:

``(4) provide for the payment of a claim described in section 1232(a) that arose after the date on which the petition was filed.''.

(2) Table of sections.--The table of sections for subchapter II of chapter 12 of title 11, United States Code, is amended by adding at the end the following:

``1232.

Claim by a governmental unit based on the disposition of property used in a farming operation.''.

(c) Effective Date.--The amendments made by this section shall apply to-- (1) any bankruptcy case-- (A) that is pending on the date of enactment of this Act;

(B) in which the plan under chapter 12 of title 11, United States Code, has not been confirmed on the date of enactment of this Act;

and (C) relating to which an order of discharge under section 1228 of title 11, United States Code, has not been entered;

and (2) any bankruptcy case that commences on or after the date of enactment of this Act.

Passed the Senate September 5, 2017.

Attest:

Secretary.

115th CONGRESS 1st Session S.

1107 _______________________________________________________________________ AN ACT To amend title 28, United States Code, to authorize the appointment of additional bankruptcy judges, and for other purposes.