Page:United States Statutes at Large Volume 92 Part 2.djvu/1377

 PUBLIC LAW 95-598—NOV. 6, 1978

92 STAT. 2657

§ 151326. Payments 11 USC 151326. Before or at the time of each payment to creditors under the plan, there shall be paid— (1) any unpaid claim of the kind specified in section 507(a)(1) Ante, p. 2583. of this title; and (2) if a standing trustee appointed under section 586(b) of title Post, p. 2663. 28 is serving in the case, the percentage fee fixed for such standing trustee under section 586(e)(1)(B) of title 28.

TITLE II—AMENDMENTS TO TITLE 28 OF THE UNITED STATES CODE AND TO THE FEDERAL RULES OF EVIDENCE SEC. 201. (a) Title 28 of the United States Code is amended by inserting immediately after chapter 5 the following:

"CHAPTER 6—BANKRUPTCY COURTS "Sec. "151. "152. "153. "154. "155. "156. "157. "158. "159. "160.

Creation and composition of bankruptcy courts. Appointment of bankruptcy judges. Tenure and residence of bankruptcy judges. Salaries of bankruptcy judges. Chief judge; precedence of bankruptcy judges. Division of business among bankruptcy judges. Times of holding court. Accommodations at places for holding court. Vacant judgeship as affecting proceedings. Appellate panels.

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"§ 151. Creation and composition of bankruptcy courts 28 USC 151. "(a) There shall be in each judicial district, as an adjunct to the district court for such district, a bankruptcy court which shall be a court of record known as the United States Bankruptcy Court for the district. "(b) Each bankruptcy court shall consist of the bankruptcy judge or judges for the district in regular active service. Justices or judges designated and assigned shall be competent to sit as judges of the bankruptcy court. "(c) Except as otherwise provided by law, or rule or order of court, the judicial power of a bankruptcy court with respect to any action, suit or proceeding may be exercised by a single bankruptcy judge, who may preside alone and hold a regular or special session of court at the same time other sessions are held by other bankruptcy judges. "§ 152. Appointment of bankruptcy judges 28 USC 152. "The President shall appoint, by and with the advice and consent of the Senate, bankruptcy judges for the several judicial districts. In each instance, the President shall give due consideration to the recommended nominee or nominees of the Judicial Council of the Circuit within which an appointment is to be made. "§ 153. Tenure and residence of bankruptcy judges 28 USC 153. "(a) Each bankruptcy judge shall hold office for a term of 14 years, but may continue to perform the duties of his office until his successor takes office, unless such office has been eliminated. "(b) Removal of a bankruptcy judge during the term for which he is appointed shall be only for incompetency, misconduct, neglect of duty, or physical or mental disability. Removal shall be by the judi39-194 O—80—pt. 2

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