§ 581. — United States trustees.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC581]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART II--DEPARTMENT OF JUSTICE
CHAPTER 39--UNITED STATES TRUSTEES
Sec. 581. United States trustees
(a) The Attorney General shall appoint one United States trustee for
each of the following regions composed of Federal judicial districts
(without regard to section 451):
(1) The judicial districts established for the States of Maine,
Massachusetts, New Hampshire, and Rhode Island.
(2) The judicial districts established for the States of
Connecticut, New York, and Vermont.
(3) The judicial districts established for the States of
Delaware, New Jersey, and Pennsylvania.
(4) The judicial districts established for the States of
Maryland, North Carolina, South Carolina, Virginia, and West
Virginia and for the District of Columbia.
(5) The judicial districts established for the States of
Louisiana and Mississippi.
(6) The Northern District of Texas and the Eastern District of
Texas.
(7) The Southern District of Texas and the Western District of
Texas.
(8) The judicial districts established for the States of
Kentucky and Tennessee.
(9) The judicial districts established for the States of
Michigan and Ohio.
(10) The Central District of Illinois and the Southern District
of Illinois; and the judicial districts established for the State of
Indiana.
(11) The Northern District of Illinois; and the judicial
districts established for the State of Wisconsin.
(12) The judicial districts established for the States of
Minnesota, Iowa, North Dakota, and South Dakota.
(13) The judicial districts established for the States of
Arkansas, Nebraska, and Missouri.
(14) The District of Arizona.
(15) The Southern District of California; and the judicial
districts established for the State of Hawaii, and for Guam and the
Commonwealth of the Northern Mariana Islands.
(16) The Central District of California.
(17) The Eastern District of California and the Northern
District of California; and the judicial district established for
the State of Nevada.
(18) The judicial districts established for the States of
Alaska, Idaho (exclusive of Yellowstone National Park), Montana
(exclusive of Yellowstone National Park), Oregon, and Washington.
(19) The judicial districts established for the States of
Colorado, Utah, and Wyoming (including those portions of Yellowstone
National Park situated in the States of Montana and Idaho).
(20) The judicial districts established for the States of
Kansas, New Mexico, and Oklahoma.
(21) The judicial districts established for the States of
Alabama, Florida, and Georgia and for the Commonwealth of Puerto
Rico and the Virgin Islands of the United States.
(b) Each United States trustee shall be appointed for a term of five
years. On the expiration of his term, a United States trustee shall
continue to perform the duties of his office until his successor is
appointed and qualifies.
(c) Each United States trustee is subject to removal by the Attorney
General.
(Added Pub. L. 95-598, title II, Sec. 224(a), Nov. 6, 1978, 92 Stat.
2662; amended Pub. L. 99-554, title I, Sec. 111(a)-(c), Oct. 27, 1986,
100 Stat. 3090, 3091.)
Codification
Section 408(c) of Pub. L. 95-598, as amended, which provided for the
repeal of this section and the deletion of any references to United
States Trustees in this title at a prospective date, was repealed by
section 307(b) of Pub. L. 99-554. See note set out preceding section 581
of this title.
Amendments
1986--Subsec. (a). Pub. L. 99-554, Sec. 111(a), amended subsec. (a)
generally. Prior to amendment, subsec. (a) read as follows: ``The
Attorney General shall appoint one United States trustee for each of the
following districts or groups of districts:
``(1) District of Maine, District of New Hampshire, District of
Massachusetts, and District of Rhode Island.
``(2) Southern District of New York.
``(3) District of Delaware and District of New Jersey.
``(4) Eastern District of Virginia and District of District of
Columbia.
``(5) Northern District of Alabama.
``(6) Northern District of Texas.
``(7) Northern District of Illinois.
``(8) District of Minnesota, District of North Dakota, District
of South Dakota.
``(9) Central District of California.
``(10) District of Colorado and District of Kansas.''
Subsec. (b). Pub. L. 99-554, Sec. 111(b), substituted ``five years''
for ``seven years'' and ``office'' for ``Office''.
Subsec. (c). Pub. L. 99-554, Sec. 111(c), struck out ``for cause''
after ``removal''.
Effective Date of 1986 Amendment; Transition and Administrative
Provisions
Title III of Pub. L. 99-554, as amended by Pub. L. 101-650, title
III, Sec. 317(a), (c), Dec. 1, 1990, 104 Stat. 5115, 5116; Pub. L. 103-
65, Sec. 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 106-518, title V,
Sec. 501, Nov. 13, 2000, 114 Stat. 2421, provided that:
``SEC. 301. INCUMBENT UNITED STATES TRUSTEES.
``(a) Area for Which Appointed.--Notwithstanding any paragraph of
section 581(a) of title 28, United States Code, as in effect before the
effective date of this Act, a United States trustee serving in such
office on the effective date of this Act shall serve the remaining term
of such office as United States trustee for the region specified in a
paragraph of such section, as amended by this Act, that includes the
site at which the primary official station of the United States trustee
is located immediately before the effective date of this Act.
``(b) Term of Office.--Notwithstanding section 581(b) of title 28,
United States Code, as in effect before the effective date of this Act,
the term of office of any United States trustee serving in such office
on the date of the enactment of this Act [Oct. 27, 1986] shall expire--
``(1) 2 years after the expiration date of such term of office
under such section, as so in effect, or
``(2) 4 years after the date of the enactment of this Act,
whichever occurs first.
``SEC. 302. EFFECTIVE DATES; APPLICATION OF AMENDMENTS.
``(a) General Effective Date.--Except as provided in subsections
(b), (c), (d), (e), and (f), this Act and the amendments made by this
Act [see Short Title of 1986 Amendment note below] shall take effect 30
days after the date of the enactment of this Act [Oct. 27, 1986].
``(b) Amendments Relating to Bankruptcy Judges and Incumbent United
States Trustees.--Subtitle A of title I, and sections 301 and 307(a)
[amending sections 152 and 156 of this title, enacting provisions set
out as notes under section 581 of this title, and amending provisions
set out as notes under section 152 of this title and preceding section
581 of this title], shall take effect on the date of the enactment of
this Act [Oct. 27, 1986].
``(c) Amendments Relating to Family Farmers.--(1) The amendments
made by subtitle B of title II [Secs. 251 to 257 of Pub. L. 99-554, see
Tables for classification] shall not apply with respect to cases
commenced under title 11 of the United States Code before the effective
date of this Act.
``(2) Section 1202 of title 11 of the United States Code (as added
by the amendment made by section 255 of this Act) shall take effect on
the effective date of this Act and before the amendment made by section
227 of this Act [amending section 1202 of this title].
``(3) Until the amendments made by subtitle A of title II of this
Act [Secs. 201 to 231 of Pub. L. 99-554, see Tables for classification]
become effective in a district and apply to a case, for purposes of such
case--
``(A)(i) any reference in section 326(b) of title 11 of the
United States Code to chapter 13 of title 11 of the United States
Code shall be deemed to be a reference to chapter 12 or chapter 13
of title 11 of the United States Code,
``(ii) any reference in such section 326(b) to section 1302(d)
of title 11 of the United States Code shall be deemed to be a
reference to section 1302(d) of title 11 of the United States Code
or section 586(b) of title 28 of the United States Code, and
``(iii) any reference in such section 326(b) to section 1302(a)
of title 11 of the United States Code shall be deemed to be a
reference to section 1202(a) or section 1302(a) of title 11 of the
United States Code, and
``(B)(i) the first two references in section 1202(a) of title 11
of the United States Code (as added by the amendment made by section
255 of this Act) to the United States trustee shall be deemed to be
a reference to the court, and
``(ii) any reference in such section 1202(a) to section 586(b)
of title 28 of the United States Code shall be deemed to be a
reference to section 1202(c) of title 11 of the United States Code
(as so added).
``(d) Application of Amendments to Judicial Districts.--
``(1) Certain regions not currently served by united states
trustees.--(A) The amendments made by subtitle A of title II of this
Act [Secs. 201 to 231 of Pub. L. 99-554, see Tables for
classification], and section 1930(a)(6) of title 28 of the United
States Code (as added by section 117(4) of this Act), shall not--
``(i) become effective in or with respect to a judicial
district specified in subparagraph (B) until, or
``(ii) apply to cases while pending in such district before,
the expiration of the 270-day period beginning on the effective date
of this Act or of the 30-day period beginning on the date the
Attorney General certifies under section 303 of this Act the region
specified in a paragraph of section 581(a) of title 28, United
States Code, as amended by section 111(a) of this Act, that includes
such district, whichever occurs first.
``(B) Subparagraph (A) applies to the following:
``(i) The judicial district established for the Commonwealth
of Puerto Rico.
``(ii) The District of Connecticut.
``(iii) The judicial districts established for the State of
New York (other than the Southern District of New York).
``(iv) The District of Vermont.
``(v) The judicial districts established for the State of
Pennsylvania.
``(vi) The judicial district established for the Virgin
Islands of the United States.
``(vii) The District of Maryland.
``(viii) The judicial districts established for the State of
North Carolina.
``(ix) The District of South Carolina.
``(x) The judicial districts established for the State of
West Virginia.
``(xi) The Western District of Virginia.
``(xii) The Eastern District of Texas.
``(xiii) The judicial districts established for the State of
Wisconsin.
``(xiv) The judicial districts established for the State of
Iowa.
``(xv) The judicial districts established for the State of
New Mexico.
``(xvi) The judicial districts established for the State of
Oklahoma.
``(xvii) The District of Utah.
``(xviii) The District of Wyoming (including those portions
of Yellowstone National Park situated in the States of Montana
and Idaho).
``(xix) The judicial districts established for the State of
Alabama.
``(xx) The judicial districts established for the State of
Florida.
``(xxi) The judicial districts established for the State of
Georgia.
``(2) Certain remaining judicial districts not currently served
by united states trustees.--(A) The amendments made by subtitle A of
title II of this Act [Secs. 201 to 231 of Pub. L. 99-554, see Tables
for classification], and section 1930(a)(6) of title 28 of the
United States Code (as added by section 117(4) of this Act), shall
not--
``(i) become effective in or with respect to a judicial
district specified in subparagraph (B) until, or
``(ii) apply to cases while pending in such district before,
the expiration of the 2-year period beginning on the effective date
of this Act or of the 30-day period beginning on the date the
Attorney General certifies under section 303 of this Act the region
specified in a paragraph of section 581(a) of title 28, United
States Code, as amended by section 111(a) of this Act, that includes
such district, whichever occurs first.
``(B) Subparagraph (A) applies to the following:
``(i) The judicial districts established for the State of
Louisiana.
``(ii) The judicial districts established for the State of
Mississippi.
``(iii) The Southern District of Texas and the Western
District of Texas.
``(iv) The judicial districts established for the State of
Kentucky.
``(v) The judicial districts established for the State of
Tennessee.
``(vi) The judicial districts established for the State of
Michigan.
``(vii) The judicial districts established for the State of
Ohio.
``(viii) The judicial districts established for the State of
Illinois (other than the Northern District of Illinois).
``(ix) The judicial districts established for the State of
Indiana.
``(x) The judicial districts established for the State of
Arkansas.
``(xi) The judicial districts established for the State of
Nebraska.
``(xii) The judicial districts established for the State of
Missouri.
``(xiii) The District of Arizona.
``(xiv) The District of Hawaii.
``(xv) The judicial district established for Guam.
``(xvi) The judicial district established for the
Commonwealth of the Northern Mariana Islands.
``(xvii) The judicial districts established for the State of
California (other than the Central District of California).
``(xviii) The District of Nevada.
``(xix) The District of Alaska.
``(xx) The District of Idaho.
``(xxi) The District of Montana.
``(xxii) The District of Oregon.
``(xxiii) The judicial districts established for the State
of Washington.
``(3) Judicial districts for the states of alabama and north
carolina.--(A) Notwithstanding paragraphs (1) and (2), and any other
provision of law, the amendments made by subtitle A of title II of
this Act [Secs. 201 to 231 of Pub. L. 99-554, see Tables for
classification], and section 1930(a)(6) of title 28 of the United
States Code (as added by section 117(4) of this Act), shall not--
``(i) become effective in or with respect to a judicial
district specified in subparagraph (E) until, or
``(ii) apply to cases while pending in such district before,
such district elects to be included in a bankruptcy region
established in section 581(a) of title 28, United States Code, as
amended by section 111(a) of this Act, except that the amendment to
section 105(a) of title 11, United States Code, shall become
effective as of the date of the enactment of the Federal Courts
Study Committee Implementation Act of 1990 [Dec. 1, 1990].
``(B) Any election under subparagraph (A) shall be made upon a
majority vote of the chief judge of such district and each
bankruptcy judge in such judicial district in favor of such
election.
``(C) Notice that an election has been made under subparagraph
(A) shall be given, not later than 10 days after such election, to
the Attorney General and the appropriate Federal Circuit Court of
Appeals for such district.
``(D) Any election made under subparagraph (A) shall become
effective on the date the amendments made by subtitle A of title II
of this Act become effective in the region that includes such
district or 30 days after the Attorney General receives the notice
required under subparagraph (C), whichever occurs later.
``(E) Subparagraph (A) applies to the following:
``(i) The judicial districts established for the State of
Alabama.
``(ii) The judicial districts established for the State of
North Carolina.
``(F)(i) Subject to clause (ii), with respect to cases under
chapters 7, 11, 12, and 13 of title 11, United States Code--
``(I) commenced before the effective date of this Act, and
``(II) pending in a judicial district in the State of
Alabama or the State of North Carolina before any election made
under subparagraph (A) by such district becomes effective,
the amendments made by section 113 [amending section 586 of this
title] and subtitle A of title II of this Act, and section
1930(a)(6) of title 28 of the United States Code (as added by
section 117(4) of this Act), shall not apply until the expiration of
the 1-year period beginning on the date such election becomes
effective.
``(ii) For purposes of clause (i), the amendments made by
section 113 and subtitle A of title II of this Act, and section
1930(a)(6) of title 28 of the United States Code (as added by
section 117(4) of this Act), shall not apply with respect to a case
under chapter 7, 11, 12, or 13 of title 11, United States Code, if--
``(I) the trustee in the case files the final report and
account of administration of the estate, required under section
704 of such title, or
``(II) a plan is confirmed under section 1129, 1225, or 1325
of such title,
before the expiration of the 1-year period beginning on the date
such election becomes effective.
``(G) Notwithstanding section 589a of title 28, United States
Code, as added by section 115 of this Act, funds collected as a
result of the amendments made by section 117 of this Act [amending
section 1930 of this title] in a judicial district in the State of
Alabama or the State of North Carolina under section 1930(a) of
title 28, United States Code, before the date the amendments made by
subtitle A of title II of this Act take effect in such district
shall be deposited in the general receipts of the Treasury.
``(H) The repeal made by section 231 of this Act [repealing
chapter 15 of title 11] shall not apply in or with respect to the
Northern District of Alabama until March 1, 1987, or the effective
date of any election made under subparagraph (A) by such district,
whichever occurs first.
``(I) In any judicial district in the State of Alabama or the
State of North Carolina that has not made the election described in
subparagraph (A), any person who is appointed under regulations
issued by the Judicial Conference of the United States to administer
estates in cases under title 11 of the United States Code may--
``(i) establish, maintain, and supervise a panel of private
trustees that are eligible and available to serve as trustees in
cases under title 11, United States Code, and
``(ii) supervise the administration of cases and trustees in
cases under chapters 7, 11, 12, and 13 of title 11, United
States Code,
until the amendments made by subtitle A of title II take effect in
such district.
``(e) Application of United States Trustee System and Quarterly Fees
to Certain Cases.--
``(1) In general.--Subject to paragraph (2), with respect to
cases under chapters 7, 11, 12, and 13 of title 11, United States
Code--
``(A) commenced before the effective date of this Act, and
``(B) pending in a judicial district referred to in section
581(a) of title 28, United States Code, as amended by section
111(a) of this Act, for which a United States trustee is not
authorized before the effective date of this Act to be
appointed,
the amendments made by section 113 [amending section 586 of this
title] and subtitle A of title II of this Act [Secs. 201 to 231 of
Pub. L. 99-554, see Tables for classification], and section
1930(a)(6) of title 28 of the United States Code (as added by
section 117(4) of this Act), shall not apply until the expiration of
the 3-year period beginning on the effective date of this Act, or of
the 1-year period beginning on the date the Attorney General
certifies under section 303 of this Act the region specified in a
paragraph of such section 581(a), as so amended, that includes such
district, whichever occurs first.
``(2) Amendments inapplicable.--For purposes of paragraph (1),
the amendments made by section 113 and subtitle A of title II of
this Act, and section 1930(a)(6) of title 28 of the United States
Code (as added by section 117(4) of this Act), shall not apply with
respect to a case under chapter 7, 11, 12, or 13 of title 11, United
States Code, if--
``(A) the trustee in the case files the final report and
account of administration of the estate, required under section
704 of such title, or
``(B) a plan is confirmed under section 1129, 1225, or 1325
of such title,
before the expiration of the 3-year period, or the expiration of the
1-year period, specified in paragraph (1), whichever occurs first.
``(3) Rule of construction regarding fees for cases.--This Act
[see Short Title of 1986 Amendment note below] and the amendments
made by section 117(4) of this Act [amending section 1930 of this
title] shall not be construed to require the payment of a fee under
paragraph (6) of section 1930(a) of title 28, United States Code, in
a case under title 11 of the United States Code for any conduct or
period occurring before such paragraph becomes effective in the
district in which such case is pending.
``(f) Repeal of Chapter 12 of Title 11.--Chapter 12 of title 11 of
the United States Code is repealed on October 1, 1998. All cases
commenced or pending under chapter 12 of title 11, United States Code,
and all matters and proceedings in or relating to such cases, shall be
conducted and determined under such chapter as if such chapter had not
been repealed. The substantive rights of parties in connection with such
cases, matters, and proceedings shall continue to be governed under the
laws applicable to such cases, matters, and proceedings as if such
chapter had not been repealed.
``SEC. 303. CERTIFICATION OF JUDICIAL DISTRICTS; NOTICE AND PUBLICATION
OF CERTIFICATION.
``(a) Certification by Attorney General.--The Attorney General may
certify in writing a region specified in a paragraph of section 581(a)
of title 28, United States Code (other than paragraph (16)), as amended
by section 111(a) of this Act, to the appropriate court of appeals of
the United States, for the purpose of informing such court that certain
amendments made by this Act will become effective in accordance with
section 302 of this Act.
``(b) Notice and Publication of Certification.--Whenever the
Attorney General transmits a certification under subsection (a), the
Attorney General shall simultaneously--
``(1) transmit a copy of such certification to the Speaker of
the House of Representatives and to the President pro tempore of the
Senate, and
``(2) publish such certification in the Federal Register.
``SEC. 304. ADMINISTRATIVE PROVISIONS.
``(a) Cooperative Arrangements.--The Attorney General and the
Director of the Administrative Office of the United States Courts may
enter into agreements under which United States trustees may--
``(1) use--
``(A) the services, equipment, personnel, records, reports,
and data compilations, in any form, of the courts of the United
States, and
``(B) the facilities of such courts, and
``(2) cooperate in the use by the courts of the United States
of--
``(A) the services, equipment, personnel, records, reports,
and data compilations, in any form, of United States trustees,
and
``(B) the facilities of such trustees,
to prevent duplication during the 2-year period beginning on the
effective date of this Act.
``(b) Information and Documents Relating to Bankruptcy Cases and
United States Trustees.--The Director of the Administrative Office of
the United States Courts shall make available to United States trustees,
at the request of the Attorney General and on a continuing basis, all
records, reports, and data compilations relating to--
``(1) cases and proceedings under title 11 of the United States
Code, and
``(2) the duties of United States trustees under titles 11 and
28 of the United States Code.
``SEC. 305. APPLICATION OF CERTAIN BANKRUPTCY RULES.
``(a) Rules Relating to the United States Trustee System.--If a
United States trustee is not authorized, before the effective date of
this Act, to be appointed for a judicial district referred to in section
581(a) of title 28, United States Code, as amended by section 111(a) of
this Act, then part X of the Bankruptcy Rules [11 U.S.C. App.] shall not
apply to cases in such district until the amendments made by subtitle A
of title II of this Act [Secs. 201 to 231 of Pub. L. 99-554, see Tables
for classification] become effective under section 302 of this Act in
such district.
``(b) Rules Relating to Chapter 12 of Title 11.--The rules
prescribed under section 2075 of title 28, United States Code, and in
effect on the date of the enactment of this Act [Oct. 27, 1986] shall
apply to cases filed under chapter 12 of title 11, United States Code,
to the extent practicable and not inconsistent with the amendments made
by title II of this Act [see Tables for classification].
``SEC. 306. SALARY OF INCUMBENT UNITED STATES TRUSTEES.
``For service as a United States trustee in the period beginning on
the effective date of this Act and ending on the expiration under
section 301 of this Act of their respective terms of office, the salary
payable to United States trustees serving in such offices on the
effective date of this Act shall be fixed in accordance with section 587
of title 28, United States Code, as amended by section 114(a) of this
Act.
``SEC. 307. PRESERVATION OF UNITED STATES TRUSTEE SYSTEM DURING PENDENCY
OF LEGISLATION; REPEALER.
``(a) Temporary Delay of Repeal of United States Trustee System.--
Effective immediately before November 10, 1986, section 408(c) of the
Act of November 6, 1978 (Public Law 95-598; 92 Stat. 2687), is amended
by striking out `November 10, 1986' and inserting in lieu thereof `30
days after the effective date of the Bankruptcy Judges, United States
Trustees, and Family Farmer Bankruptcy Act of 1986 [Pub. L. 99-554]'.
``(b) Conforming Amendment.--Section 408 of the Act of November 6,
1978 (Public Law 95-598; 92 Stat. 2687), is repealed.
``SEC. 308. CONSIDERATION OF CURRENT PRIVATE TRUSTEES FOR APPOINTMENT BY
UNITED STATES TRUSTEES.
``(a) Trustees in Bankruptcy Cases Under Chapter 7.--It is the sense
of the Congress that individuals who are serving before the effective
date of this Act, as trustees in cases under chapter 7 of title 11,
United States Code, should be considered by United States trustees for
appointment under section 586(a)(1) of title 28, United States Code, to
the panels of private trustees that are established as a result of the
amendments made by this Act [see Short Title of 1986 Amendment note
below].
``(b) Standing Trustees in Bankruptcy Cases Under Chapter 13.--It is
the sense of the Congress that individuals who are serving before the
effective date of this Act, as standing trustees in cases under chapter
13 of title 11, United States Code, should be considered by the United
States trustees for appointment under section 586(b) of title 28, United
States Code, as standing trustees who are appointed as a result of the
amendments made by this Act [see Short Title of 1986 Amendment note
below].
``SEC. 309. APPOINTMENT OF UNITED STATES TRUSTEES BY THE ATTORNEY
GENERAL.
``It is the sense of the Congress that individuals otherwise
qualified who are serving, before the effective date of this Act, as
estate administrators under title 11 of the United States Code should be
considered by the Attorney General for appointment under sections 581
and 582 of title 28, United States Code, to new positions of United
States trustee and assistant United States trustee resulting from the
amendments made by this Act [see Short Title of 1986 Amendment note
below].
``SEC. 310. ELECTRONIC CASE MANAGEMENT DEMONSTRATION PROJECT.
``(a) Establishment of Project.--Not later than 1 year after the
effective date of this Act, the Director of the Executive Office for
United States Trustees, in consultation with the Director of the
Administrative Office of the United States Courts, shall establish an
electronic case management demonstration project to be carried out in 3
Federal judicial districts that have a sufficiently large and varied
bankruptcy caseload so as to provide a meaningful evaluation of the cost
and effectiveness of such system. A contract for such project shall be
awarded--
``(1) on the basis of competitive bids submitted by qualified
nongovernmental entities that are able to design an automated joint
information system for use by the United States courts and by United
States trustees, and
``(2) in accordance with the Federal Property and Administrative
Services Act of 1949 [now chapters 1 to 11 of Title 40, Public
Buildings, Property, and Works, and title III of the Act of June 30,
1949 (41 U.S.C. 251 et seq.)], the Office of Federal Procurement
Policy Act [see Short Title note under 41 U.S.C. 401], and title 31
of the United States Code.
``(b) Study by General Accounting Office.--Not later than 1 year
after the electronic case management system begins to operate in all of
the judicial districts participating in the demonstration project
carried out under subsection (a), the General Accounting Office shall
conduct a study to compare the cost and effectiveness of such system
with the cost and effectiveness of case management systems used in
Federal judicial districts that are not participating in such project.
``(c) Term of Project.--The demonstration project required by
subsection (a) shall be carried out until--
``(1) the expiration of the 2-year period beginning on the date
the electronic case management system begins to operate in all of
the judicial districts participating in such project, or
``(2) legislation is enacted to extend, expand, modify, or
terminate the operation of such project,
whichever occurs first.
``(d) Use by Clerks of the Courts.--The electronic case management
system demonstrated under the project required by subsection (a) shall
provide the clerk of court in each district in which such system is
operated, with a means of--
``(1) maintaining a complete electronic case file of all
relevant information contained in petitions and schedules (and any
amendments thereto) relating to debtors in cases under title 11 of
the United States Code, including--
``(A) a complete list of creditors in each such case, as
listed by the debtor,
``(B) a complete list of assets scheduled by the debtor, the
value of such asset, and any action taken by the trustee or
debtor in possession with regard to such asset during the
pendency of such case,
``(C) a complete list of debts and, with respect to each
debt--
``(i) any priority of such debt under title 11 of the
United States Code,
``(ii) whether such debt is secured or unsecured, and
``(iii) whether such debt is contingent or
noncontingent, and
``(D) the debtor's statements of current expenses and
income, and
``(2) maintaining all calendars and dockets and producing all
notices required to be sent in cases under title 11 of the United
States Code.
``(e) Use by United States Trustees.--The electronic case management
system demonstrated under the project required by subsection (a) shall
provide, at a minimum, the United States trustee in each district in
which such system is operated with--
``(1) complete electronic case files which contain, in addition
to the information listed in subsection (d), records of case
openings, case closings, hearings, and the filing of all motions,
trustee appointments, pleadings, and responses, as well as a record
of the responses by the United States trustee to those motions,
trustee appointments, and pleadings,
``(2) a means to generate standardized forms for motions,
appointments, pleadings, and responses,
``(3) a means to generate standard management reports and
letters on an exception basis,
``(4) a means to maintain accounting records, reports, and
information required to be maintained by debtors in possession and
trustees in cases under title 11 of the United States Code,
``(5) a means to calculate and record distribution to creditors,
final applications and orders for distribution, and final case
closing reports, and
``(6) a means to monitor the payment of filing and other
required fees.
``(f) Availability to Certain Governmental Entities.--Unlimited
access to information maintained in the electronic case management
system demonstrated under the project required by subsection (a) shall
be provided at no charge to the following:
``(1) The Congress.
``(2) The Executive Office for the United States Trustees.
``(3) The Administrative Office of the United States Courts.
``(4) The clerks of the courts in judicial districts in which
such system is operated and persons who review case information, in
accordance with section 107(a) of title 11, United States Code, in
the offices of the clerks.
``(5) The judges on the bankruptcy and district courts in
districts in which such system is operated.
``(6) Trustees in cases pending in districts in which such
system is operated.
``(g) Fees for Other Users.--(1) The entity which is awarded a
contract to provide the electronic case management system demonstrated
under this project may, under guidelines established by the Director of
the Executive Office for the United States Trustees in the provisions of
such contract, collect reasonable fees from assets of the estate of the
debtor in bankruptcy for providing notices and services to the court and
trustees under the demonstration project.
``(2) Access to information maintained in electronic case files
pursuant to the demonstration project may be provided to persons other
than those specified in subsection (f), but such access shall be limited
to viewing such information only. A reasonable charge for such access
may be collected by the entity which is awarded a contract under this
section, in accordance with the guidelines established by the Director
of the Executive Office for the United States Trustees in such contract.
A reasonable portion of any charge so collected may be required by the
Director to be remitted to the Executive Office for United States
Trustees and deposited in the United States Trustee System Fund
established in section 589a of title 28, United States Code.
``(h) Security.--Access provided under subsection (f) to an entity
or an individual shall be subject to such security limitations as may be
imposed by the Congress or the head of the affected entity.
``SEC. 311. CASES PENDING UNDER THE BANKRUPTCY ACT.
``At the end of one calendar year following the date the amendments
made by subtitle A of title II of this Act [Secs. 201 to 231 of Pub. L.
99-554, see Tables for classification] take effect in a district in
which any case is still pending under the Bankruptcy Act [see 11 U.S.C.
notes prec. 101], the district court shall withdraw the reference of any
such case and, after notice and a hearing, determine the status of the
case. Such case shall be remanded to the bankruptcy judge with such
instructions as are necessary for the prompt closing of the case and
with a requirement that a progress report on the case be provided by the
bankruptcy judge after such interval as the district court deems
appropriate.''
Effective Date
Chapter effective Oct. 1, 1979, see section 402(c) of Pub. L. 95-
598, set out as a note preceding section 101 of Title 11, Bankruptcy.
Short Title of 1986 Amendment
Section 1 of Pub. L. 99-554 provided: ``That this Act [enacting
section 589a of this title and section 307 and chapter 12 of Title 11,
Bankruptcy, amending this section, sections 49, 96, 152, 156, 157, 526,
582, 584 to 587, 604, 1334, and 1930 of this title, sections 101 to 103,
105, 108, 109, 303, 321, 322, 324, 326, 327, 329, 330, 341, 343, 345 to
348, 362 to 365, 502, 503, 521 to 524, 546 to 549, 554, 557, 701, 703 to
707, 724, 726 to 728, 743, 1102, 1104 to 1106, 1112, 1121, 1129, 1163,
1202, 1302, 1306, 1307, and 1324 to 1326 of Title 11, Bankruptcy Form
No. 1, set out in the Appendix to Title 11, repealing chapters 11 and 12
of Title 11, enacting provisions set out as notes under this section and
section 589 of this title, amending provisions set out as notes
preceding this section and under section 152 of this title, and
repealing provisions set out as a note preceding this section] may be
cited as the ``Bankruptcy Judges, United States Trustees, and Family
Farmer Bankruptcy Act of 1986'.''
Section Referred to in Other Sections
This section is referred to in sections 585, 1930 of this title.
