Page:United States Statutes at Large Volume 92 Part 2.djvu/1405

 PUBLIC LAW 95-598—NOV. 6, 1978

92 STAT. 2685

full-time United States bankruptcy judges, or provide that a part-time United States bankruptcy judge for a particular district may serve in the capacity and receive the salary of a full-time United States bankruptcy judge, as the expeditious transaction of the business of the several courts of bankruptcy may require. JURISDICTION AND PROCEDURE DURING TRANSITION

SEC. 405. (a)(1) All cases commenced under title 11 of the United States Code during the transition period shall be referred to the United States bankruptcy judges. The United States bankruptcy judges may exercise in such cases the jurisdiction and powers conferred by subsection (b) of this section on the courts of ^bankruptcy continued by section 404(a) of this Act, and all proceedings in such cases shall be before the United States bankruptcy judges, except— (A) a proceeding to enjoin a court; (B) a proceeding to punish a criminal contempt— (i) not committed in the bankruptcy judge's actual presence; or (ii) warranting a punishment of imprisonment; or (C) an appeal from a judgment, order, decree, or decision of a United States bankruptcy judge. (2) Except as provided in subsection (c) of this section, any proceeding in a court of bankruptcy in a case under title 11 of the United States Code that is not before the United States bankruptcy judge shall be before the judge of the court of bankruptcy for the district in which such case is pending. (b) During the transition period, the amendments made by sections 241,243,250, and 252 of this Act shall apply to the courts of bankruptcy continued by section 404(a) of this Act the same as such amendments apply to the United States bankruptcy courts established under section 201 of this Act. (c)(1) During the transition period, an appeal from a judgment, order, or decree of a United States bankruptcy judge shall be— (A) if the circuit council of the circuit in which the bankruptcy judge sits so orders for the district in which the bankruptcy judge sits, then to a panel of three bankruptcy judges appointed in the manner prescribed by section 160 of title 28 of the United States Code, as added by section 201 of this Act; (B) if the parties to the appeal agree to a direct appeal to the court of appeals for such circuit, then to such court of appeals; or (C) to the district court for the district in which the bankruptcy judge sits. (2) During the transition period, the jurisdiction of the district courts, the courts of appeals, and panels of bankruptcy judges to hear appeals shall be the same as the jurisdiction of such courts and panels granted under the amendments made by sections 236, 237, 238, and 241 of this Act to hear appeals from the judgments, orders, and decrees of the bankruptcy courts established under section 201 of this Act. (d) The rules prescribed under section 2075 of title 28 of the United States Code and in effect on September 30, 1979, shall apply to cases under title 11, to the extent not inconsistent with the amendments made by this Act, or with this Act, until such rules are repealed or superseded by rules prescribed and effective under such section, as amended by section 248 of this Act.

^8 USC prec. ^^'^ °°*®'

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Ante, p. 2657.

Ante, p. 2659.

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