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tablished for the State of
Georgia.
"(2) Certain remaining judicial districts not currently served
by united states trustees. - (A) The amendments made by subtitle
A of title II of this Act [Secs. 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 -
"(i) become effective in or with respect to a judicial
district specified in subparagraph (B) until, or
"(ii) 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.
"(B) Subparagraph (A) applies to the following:
"(i) The judicial districts established for the State of
Louisiana.
"(ii) The judicial districts established for the State of
Mississippi.
"(iii) The Southern District of Texas and the Western
District of Texas.
"(iv) The judicial districts established for the State of
Kentucky.
"(v) The judicial districts established for the State of
Tennessee.
"(vi) The judicial districts established for the State of
Michigan.
"(vii) The judicial districts established for the State of
Ohio.
"(viii) The judicial districts established for the State of
Illinois (other than the Northern District of Illinois).
"(ix) The judicial districts established for the State of
Indiana.
"(x) The judicial districts established for the State of
Arkansas.
"(xi) The judicial districts established for the State of
Nebraska.
"(xii) The judicial districts established for the State of
Missouri.
"(xiii) The District of Arizona.
"(xiv) The District of Hawaii.
"(xv) The judicial district established for Guam.
"(xvi) The judicial district established for the Commonwealth
of the Northern Mariana Islands.
"(xvii) The judicial districts established for the State of
California (other than the Central District of California).
"(xviii) The District of Nevada.
"(xix) The District of Alaska.
"(xx) The District of Idaho.
"(xxi) The District of Montana.
"(xxii) The District of Oregon.
"(xxiii) The judicial districts established for the State of
Washington.
"(3) Judicial districts for the states of alabama and north
carolina. - (A) Notwithstanding paragraphs (1) and (2), and any
other provision of law, the amendments made by subtitle A of
title II of this Act [Secs. 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 -
"(i) become effective in or with respect to a judicial
district specified in subparagraph (E) until, or
"(ii) 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].
"(B) 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.
"(C) 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.
"(D) 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.
"(E) Subparagraph (A) applies to the following:
"(i) The judicial districts established for the State of
Alabama.
"(ii) The judicial districts established for the State of
North Carolina.
"(F)(i) Subject to clause (ii), with respect to cases under
chapters 7, 11, 12, and 13 of title 11, United States Code -
"(I) commenced before the effective date of this Act, and
"(II) 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.
"(ii) 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 -
"(I) the trustee in the case files the final report and
account of administration of the estate, required under section
704 of such title, or
"(II) 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.
"(G) 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.
"(H) 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.
"(I) 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 -
"(i) 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
"(ii) 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.
"(e) Application of United States Trustee System and Quarterly
Fees to Certain Cases. -
"(1) In general. - Subject to paragraph (2), with respect to
cases under chapters 7, 11, 12, and 13 of title 11, United States
Code -
"(A) commenced before the effective date of this Act, and
"(B) 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 [Secs. 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.
"(2) 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 -
"(A) the trustee in the case files the final report and
account of administration of the estate, required under section
704 of such title, or
"(B) 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.
"(3) 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.
"(f) Repeal of Chapter 12 of Title 11. - Chapter 12 of title 11
of the United States Code is repealed on October 1, 1998. All cases
commenced or pending under chapter 12 of title 11, United States
Code, and all matters and proceedings in or relating to such cases,
shall be conducted and determined under such chapter as if such
chapter had not been repealed. The substantive rights of parties in
connection with such cases, matters, and proceedings shall continue
to be governed under the laws applicable to such cases, matters,
and proceedings as if such chapter had not been repealed.
"SEC. 303. CERTIFICATION OF JUDICIAL DISTRICTS; NOTICE AND
PUBLICATION OF CERTIFICATION.
"(a) Certification by Attorney General. - The Attorney General
may certify in writing a region specified in a paragraph of section
581(a) of title 28, United States Code (other than paragraph (16)),
as amended by section 111(a) of this Act, to the appropriate court
of appeals of the United States, for the purpose of informing such
court that certain amendments made by this Act will become
effective in accordance with section 302 of this Act.
"(b) Notice and Publication of Certification. - Whenever the
Attorney General transmits a certification under subsection (a),
the Attorney General shall simultaneously -
"(1) transmit a copy of such certification to the Speaker of
the House of Representatives and to the President pro tempore of
the Senate, and
"(2) publish such certification in the Federal Register.
"SEC. 304. ADMINISTRATIVE PROVISIONS.
"(a) Cooperative Arrangements. - The Attorney General and the
Director of the Administrative Office of the United States Courts
may enter into agreements under which United States trustees may -
"(1) use -
"(A) the services, equipment, personnel, records, reports,
and data compilations, in any form, of the courts of the United
States, and
"(B) the facilities of such courts, and
"(2) cooperate in the use by the courts of the United States of
-
"(A) the services, equipment, personnel, records, reports,
and data compilations, in any form, of United States trustees,
and
"(B) the facilities of such trustees,
to prevent duplication during the 2-year period beginning on the
effective date of this Act.
"(b) Information and Documents Relating to Bankruptcy Cases and
United States Trustees. - The Director of the Administrative Office
of the United States Courts shall make available to United States
trustees, at the request of the Attorney General and on a
continuing basis, all records, reports, and data compilations
relating to -
"(1) cases and proceedings under title 11 of the United States
Code, and
"(2) the duties of United States trustees under titles 11 and
28 of the United States Code.
"SEC. 305. APPLICATION OF CERTAIN BANKRUPTCY RULES.
"(a) Rules Relating to the United States Trustee System. - If a
United States trustee is not authorized, before the effective date
of this Act, to be appointed for a judicial district referred to in
section 581(a) of title 28, United States Code, as amended by
section 111(a) of this Act, then part X of the Bankruptcy Rules [11
U.S.C. App.] shall not apply to cases in such district until the
amendments made by subtitle A of title II of this Act [Secs. 201 to
231 of Pub. L. 99-554, see Tables for classification] become
effective under section 302 of this Act in such district.
"(b) Rules Relating to Chapter 12 of Title 11. - The rules
prescribed under section 2075 of title 28, United States Code, and
in effect on the date of the enactment of this Act [Oct. 27, 1986]
shall apply to cases filed under chapter 12 of title 11, United
States Code, to the extent practicable and not inconsistent with
the amendments made by title II of this Act [see Tables for
classification].
"SEC. 306. SALARY OF INCUMBENT UNITED STATES TRUSTEES.
"For service as a United States trustee in the period beginning
on the effective date of this Act and ending on the expiration
under section 301 of this Act of their respective terms of office,
the salary payable to United States trustees serving in such
offices on the effective date of this Act shall be fixed in
accordance with section 587 of title 28, United States Code, as
amended by section 114(a) of this Act.
"SEC. 307. PRESERVATION OF UNITED STATES TRUSTEE SYSTEM DURING
PENDENCY OF LEGISLATION; REPEALER.
"(a) Temporary Delay of Repeal of United States Trustee System. -
Effective immediately before November 10, 1986, section 408(c) of
the Act of November 6, 1978 (Public Law 95-598; 92 Stat. 2687), is
amended by striking out 'November 10, 1986' and inserting in lieu
thereof '30 days after the effective date of the Bankruptcy Judges,
United States Trustees, and Family Farmer Bankruptcy Act of 1986
[Pub. L. 99-554]'.
"(b) Conforming Amendment. - Section 408 of the Act of November
6, 1978 (Public Law 95-598; 92 Stat. 2687), is repealed.
"SEC. 308. CONSIDERATION OF CURRENT PRIVATE TRUSTEES FOR
APPOINTMENT BY UNITED STATES TRUSTEES.
"(a) Trustees in Bankruptcy Cases Under Chapter 7. - It is the
sense of the Congress that individuals who are serving before the
effective date of this Act, as trustees in cases under chapter 7 of
title 11, United States Code, should be considered by United States
trustees for appointment under section 586(a)(1) of title 28,
United States Code, to the panels of private trustees that are
established as a result of the amendments made by this Act [see
Short Title of 1986 Amendment note below].
"(b) Standing Trustees in Bankruptcy Cases Under Chapter 13. - It
is the sense of the Congress that individuals who are serving
before the effective date of this Act, as standing trustees in
cases under chapter 13 of title 11, United States Code, should be
considered by the United States trustees for appointment under
section 586(b) of title 28, United States Code, as standing
trustees who are appointed as a result of the amendments made by
this Act [see Short Title of 1986 Amendment note below].
"SEC. 309. APPOINTMENT OF UNITED STATES TRUSTEES BY THE ATTORNEY
GENERAL.
"It is the sense of the Congress that individuals otherwise
qualified who are serving, before the effective date of this Act,
as estate administrators under title 11 of the United States Code
should be considered by the Attorney General for appointment under
sections 581 and 582 of title 28, United States Code, to new
positions of United States trustee and assistant United States
trustee resulting from the amendments made by this Act [see Short
Title of 1986 Amendment note below].
"SEC. 310. ELECTRONIC CASE MANAGEMENT DEMONSTRATION PROJECT.
"(a) Establishment of Project. - Not later than 1 year after the
effective date of this Act, the Director of the Executive Office
for United States Trustees, in consultation with the Director of
the Administrative Office of the United States Courts, shall
establish an electronic case management demonstration project to be
carried out in 3 Federal judicial districts that have a
sufficiently large and varied bankruptcy caseload so as to provide
a meaningful evaluation of the cost and effectiveness of such
system. A contract for such project shall be awarded -
"(1) on the basis of competitive bids submitted by qualified
nongovernmental entities that are able to design an automated
joint information system for use by the United States courts and
by United States trustees, and
"(2) in accordance with the Federal Property and Administrative
Services Act of 1949 [now chapters 1 to 11 of Title 40, Public
Buildings, Property, and Works, and title III of the Act of June
30, 1949 (41 U.S.C. 251 et seq.)], the Office of Federal
Procurement Policy Act [see Short Title note under 41 U.S.C.
401], and title 31 of the United States Code.
"(b) Study by General Accounting Office. - Not later than 1 year
after the electronic case management system begins to operate in
all of the judicial districts participating in the demonstration
project carried out under subsection (a), the General Accounting
Office shall conduct a study to compare the cost and effectiveness
of such system with the cost and effectiveness of case management
systems used in Federal judicial districts that are not
participating in such project.
"(c) Term of Project. - The demonstration project required by
subsection (a) shall be carried out until -
"(1) the expiration of the 2-year period beginning on the date
the electronic case management system begins to operate in all of
the judicial districts participating in such project, or
"(2) legislation is enacted to extend, expand, modify, or
terminate the operation of such project,
whichever occurs first.
"(d) Use by Clerks of the Courts. - The electronic case
management system demonstrated under the project required by
subsection (a) shall provide the clerk of court in each district in
which such system is operated, with a means of -
"(1) maintaining a complete electronic case file of all
relevant information contained in petitions and schedules (and
any amendments thereto) relating to debtors in cases under title
11 of the United States Code, including -
"(A) a complete list of creditors in each such case, as
listed by the debtor,
"(B) a complete list of assets scheduled by the debtor, the
value of such asset, and any action taken by the trustee or
debtor in possession with regard to such asset during the
pendency of such case,
"(C) a complete list of debts and, with respect to each debt
-
"(i) any priority of such debt under title 11 of the United
States Code,
"(ii) whether such debt is secured or unsecured, and
"(iii) whether such debt is contingent or noncontingent,
and
"(D) the debtor's statements of current expenses and income,
and
"(2) maintaining all calendars and dockets and producing all
notices required to be sent in cases under title 11 of the United
States Code.
"(e) Use by United States Trustees. - The electronic case
management system demonstrated under the project required by
subsection (a) shall provide, at a minimum, the United States
trustee in each district in which such system is operated with -
"(1) complete electronic case files which contain, in addition
to the information listed in subsection (d), records of case
openings, case closings, hearings, and the filing of all motions,
trustee appointments, pleadings, and responses, as well as a
record of the responses by the United States trustee to those
motions, trustee appointments, and pleadings,
"(2) a means to generate standardized forms for motions,
appointments, pleadings, and responses,
"(3) a means to generate standard management reports and
letters on an exception basis,
"(4) a means to maintain accounting records, reports, and
information required to be maintained by debtors in possession
and trustees in cases under title 11 of the United States Code,
"(5) a means to calculate and record distribution to creditors,
final applications and orders for distribution, and final case
closing reports, and
"(6) a means to monitor the payment of filing and other
required fees.
"(f) Availability to Certain Governmental Entities. - Unlimited
access to information maintained in the electronic case management
system demonstrated under the project required by subsection (a)
shall be provided at no charge to the following:
"(1) The Congress.
"(2) The Executive Office for the United States Trustees.
"(3) The Administrative Office of the United States Courts.
"(4) The clerks of the courts in judicial districts in which
such system is operated and persons who review case information,
in accordance with section 107(a) of title 11, United States
Code, in the offices of the clerks.
"(5) The judges on the bankruptcy and district courts in
districts in which such system is operated.
"(6) Trustees in cases pending in districts in which such
system is operated.
"(g) Fees for Other Users. - (1) The entity which is awarded a
contract to provide the electronic case management system
demonstrated under this project may, under guidelines established
by the Director of the Executive Office for the United States
Trustees in the provisions of such contract, collect reasonable
fees from assets of the estate of the debtor in bankruptcy for
providing notices and services to the court and trustees under the
demonstration project.
"(2) Access to information maintained in electronic case files
pursuant to the demonstration project may be provided to persons
other than those specified in subsection (f), but such access shall
be limited to viewing such information only. A reasonable charge
for such access may be collected by the entity which is awarded a
contract under this section, in accordance with the guidelines
established by the Director of the Executive Office for the United
States Trustees in such contract. A reasonable portion of any
charge so collected may be required by the Director to be remitted
to the Executive Office for United States Trustees and deposited in
the United States Trustee System Fund established in section 589a
of title 28, United States Code.
"(h) Security. - Access provided under subsection (f) to an
entity or an individual shall be subject to such security
limitations as may be imposed by the Congress or the head of the
affected entity.
"SEC. 311. CASES PENDING UNDER THE BANKRUPTCY ACT.
"At the end of one calendar year following the date the
amendments made by subtitle A of title II of this Act [Secs. 201 to
231 of Pub. L. 99-554, see Tables for classification] take effect
in a district in which any case is still pending under the
Bankruptcy Act [see 11 U.S.C. notes prec. 101], the district court
shall withdraw the reference of any such case and, after notice and
a hearing, determine the status of the case. Such case shall be
remanded to the bankruptcy judge with such instructions as are
necessary for the prompt closing of the case and with a requirement
that a progress report on the case be provided by the bankruptcy
judge after such interval as the district court deems appropriate."
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