Page:United States Statutes at Large Volume 92 Part 2.djvu/1403

 PUBLIC LAW 95-598—NOV. 6, 1978

92 STAT. 2683

SAVINGS PROVISIONS

SEC. 403. (a) A case commenced under the B a n k r u p t c y Act, and all matters and proceedings in or relating to any such case, shall be conducted and determined under such Act as if this Act h a d not been enacted, and the substantive rights of parties in connection with any such bankruptcy case, matter, or proceeding shall continue to be governed by the law applicable to such case, matter, or proceeding as if the Act h a d not been enacted. (b) Notwithstanding subsection (a) of this section, sections 1165, 1167, 1168, 1169, and 1171 of title 11 of the United States Code, as enacted by section 101 of this Act, apply to cases pending under section 77 of the Bankruptcy Act (11 U.S.C. 205) on the date of enactment of this Act in which the trustee has not filed a plan of reorganization. (c) The repeal made by section 401(a) of this Act does not affect any r i g h t of a referee in bankruptcy. United States bankruptcy judge, or survivor of a referee in bankruptcy or United States bankruptcy judge to receive any annuity or other payment under the civil service retirement laws. (d) The amendments made by section 314 of this Act do not affect the application of chapter 9, chapter 96, section 2516, section 3057, or section 3284 of title 18 of the United States Code to any act of any person— (1) committed before October 1, 1979; or (2) committed after October 1, 1979, in connection with a case commenced before such date. (e) Notwithstanding subsection (a) of this section, a fee may not be charged under section 40c(2)(b) of the B a n k r u p t c y Act in a case in which the plan is confirmed after September 30, 1978, to the extent that such fee exceeds $100,000.

llUSC preclOl note.

Ante, pp.

2641-2643. -Ante, p. 2549

18 USC 151 et seq., 1961 et seq.

11 USC 68

COURTS DURING TRANSITION

.SEC. 404. (a) The courts of bankruptcy, as defined under section 1(10) of the B a n k r u p t c y Act, created under section 2a of the Bankruptcy Act, and existing on September 30, 1979, shall continue through March 31, 1984, to be the courts of bankruptcy for the purposes of this Act and the amendments made by this Act. Each of the courts of bankruptcy so continued shall constitute a separate department of the district court that is such court of bankruptcy under the B a n k r u p t c y Act. (b) The term of a referee in bankruptcy who is serving on the date of enactment of this Act is extended to and expires on March 31, 1984 or when his successor takes office. During the period commencing on October 1, 1979, and ending on March 31, 1984 (hereinafter in this title referred to as "the transition period "), unless such referee is found to be not qualified by the Chief J u d g e of the Circuit Court after consultation with a merit screening committee established as provided in subsection (c) of this section, such a referee in bankruptcy upon the expiration of his appointed term as referee shall have the title of United States bankruptcy judge, and shall serve in the court of bankruptcy continued under subsection (a) of this section that appointed such United States bankruptcy judge, in the manner prescribed by this title. Section 8335(a) of title 5 of the United States Code shall not apply in respect of United States bankruptcy judges during the t r a n sition period.

28 USC prec. 151 note. 11 USC 1. 11 USC 11.

Referee.

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