Page:United States Statutes at Large Volume 119.djvu/220

 119 STAT. 202 Procedures.

Procedures.

PUBLIC LAW 109–8—APR. 20, 2005

90 days after the trustee requests administrative remedies. The Attorney General shall prescribe procedures to implement this paragraph. The decision of the agency shall be affirmed by the district court unless it is unreasonable and without cause based on the administrative record before the agency.’’. (b) EXPENSES OF STANDING TRUSTEES.—Section 586(e) of title 28, United States Code, is amended by adding at the end the following: ‘‘(3) After first exhausting all available administrative remedies, an individual appointed under subsection (b) may obtain judicial review of final agency action to deny a claim of actual, necessary expenses under this subsection by commencing an action in the district court of the United States for the district where the individual resides. The decision of the agency shall be affirmed by the district court unless it is unreasonable and without cause based upon the administrative record before the agency. ‘‘(4) The Attorney General shall prescribe procedures to implement this subsection.’’. SEC. 1232. BANKRUPTCY FORMS.

Section 2075 of title 28, United States Code, is amended by adding at the end the following: ‘‘The bankruptcy rules promulgated under this section shall prescribe a form for the statement required under section 707(b)(2)(C) of title 11 and may provide general rules on the content of such statement.’’. SEC. 1233. DIRECT APPEALS OF BANKRUPTCY MATTERS TO COURTS OF APPEALS.

Certification.

VerDate 14-DEC-2004

08:19 Oct 26, 2006

(a) APPEALS.—Section 158 of title 28, United States Code, is amended— (1) in subsection (c)(1), by striking ‘‘Subject to subsection (b),’’ and inserting ‘‘Subject to subsections (b) and (d)(2),’’; and (2) in subsection (d)— (A) by inserting ‘‘(1)’’ after ‘‘(d)’’; and (B) by adding at the end the following: ‘‘(2)(A) The appropriate court of appeals shall have jurisdiction of appeals described in the first sentence of subsection (a) if the bankruptcy court, the district court, or the bankruptcy appellate panel involved, acting on its own motion or on the request of a party to the judgment, order, or decree described in such first sentence, or all the appellants and appellees (if any) acting jointly, certify that— ‘‘(i) the judgment, order, or decree involves a question of law as to which there is no controlling decision of the court of appeals for the circuit or of the Supreme Court of the United States, or involves a matter of public importance; ‘‘(ii) the judgment, order, or decree involves a question of law requiring resolution of conflicting decisions; or ‘‘(iii) an immediate appeal from the judgment, order, or decree may materially advance the progress of the case or proceeding in which the appeal is taken; and if the court of appeals authorizes the direct appeal of the judgment, order, or decree. ‘‘(B) If the bankruptcy court, the district court, or the bankruptcy appellate panel—

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