Page:United States Statutes at Large Volume 92 Part 2.djvu/1392

 92 STAT. 2672 Anu, p. 2625.

Fees.

PUBLIC LAW 95-598—NOV. 6, 1978 « (4) For a case commenced under chapter 11 of title 11 concerning a railroad, as so defined, $500. An individual commencing a voluntary case or a joint case under title 11 may pay such fee in installments. " (b) The Judicial Conference of the United States may prescribe additional fees in cases under title 11 of the same kind as the Judicial Conference prescribes under section 1914(b) of this title. "(c) Upon the filing of any separate or joint notice of appeal or application for appeal or upon the receipt of any order allowing, or notice of the allowance of, an appeal or a writ of certiorari $5 shall be paid to the clerk of the bankruptcy court, by the appellant or petitioner. "(d) Wheoiever any case or proceeding is dismissed in any bankruptcy court for want of jurisdiction, such court may order the payment of just costs. "(e) The clerk of the bankruptcy court may collect only the fees prescribed under this section.". (b) The table of sections of chapter 123 of title 28 of the United States Code is amended by adding at the end thereof the following: "1930. Bankruptcy courts.".

Ante, pp. 2582, 2641. 28 USC 2256.

Ante, p. 2645.

SEC. 247. Section 2075 of title 28 of the United States Code is amended by— (1) striking out "under the Bankruptcy Act" and inserting in lieu thereof "in cases under title 11"; and (2) by striking out the last sentence thereof. SEC. 248. Section 2107 of title 28 of the United States Code is amended— (1) by inserting "or the bankruptcy court" immediately after "district court"; and (2) by striking out the final paragraph. SEC. 249. Section 2201 of title 28 of the United States Code is amended by inserting "or a proceeding under section 505 or 1146 of title 11" immediately after "the Internal Revenue Code of 1954". SEC. 250. (a) Chapter 153 of title 28 of the United States Code is amended by adding at the end thereof the following: «§ 2256. Habeas corpus from bankruptcy courts "A bankruptcy court may issue a writ of habeas corpus— "(1) when appropriate to bring a person before the court— "(A) for examination; "(B) to testify; or "(C) to perform a duty imposed on such person under this title; or "(2) ordering the release of a debtor in a case under title 11 in custody under the judgment of a Federal or State court if— "(A) such debtor was arrested or imprisoned on process in any civil action; "(B) such process was issued for the collection of a debt— " (i) dischargeable under title 11; or "(ii) that is or will be provided for in a plan under chapter 11 or 13 of title 11; and "(C) before the issuance of such writ, notice and a hearing have been afforded the adverse party of such debtor in custody to contest the issuance of such writ.". (b) The table of sections for chapter 153 of title 28 of the United States Code is amended by adding at the end thereof the following: "2256. Habeas corpus from bankruptcy courts.".

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