COMMISSION ON THE BANKRUPTCY LAWS

OF THE UNITED STATES

Pub. L. 91-354, July 24, 1970, 84 Stat. 468, as amended by Pub. L. 92-251, Mar. 17, 1972, 86 Stat. 63; Pub. L. 93–56, § 1, July 1, 1973, 87 Stat. 140, provided:

"SEC. 1.[Establishment; Purpose; Report; Termination]

*

"(c) The Commission shall submit a comprehensive report of its activities, including its recommendations, to the President, the Chief Justice of the United States, and the Congress prior to July 31, 1973. The Commission shall cease to exist thirty days after the date of the submission of its final report.

"SEC. 6. [Authorization of Appropriations] There are authorized to be appropriated out of the Salaries and Expenses Fund created pursuant to section 40c (4) of the Bankruptcy Act (11 U.S.C. 68c (4)) to the Commission such sums, but not more than $826,000, as may be necessary to carry out the provisions of this joint resolution." AVAILABILITY OF APPROPRIATIONS

Pub. L. 93-56, § 2, July 1, 1973, 87 Stat. 140, provided that: "Money appropriated for the purposes of carrying out the joint resolution entitled 'Joint Resolution to create a commission to study the bankruptcy laws of the United States' approved July 24, 1970 (84 Stat. 468) [set out above], shall remain available until expended or until the Commission established under such joint resolution ceases to exist."

TITLE REFERRED TO IN OTHER SECTIONS This title is referred to in title 42 section 616.

Chapter 1.-DEFINITIONS

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 15 section 78fff; title 45 sections 701, 791.

Chapter 2.-COURTS OF BANKRUPTCY CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 15 section 78fff.

Chapter 3.-BANKRUPTS

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 15 section 78fff. Chapter 4.-COURTS AND PROCEDURE THEREIN CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 15 section 78fff. § 51. Designation of newspapers.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 15 section 78fff.

Chapter 5.-OFFICERS, THEIR DUTIES AND

COMPENSATION

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 15 section 78fff. § 68. Compensation of referees; referees' salary and expense fund; retirement of referees.

(b) The conference, in the light of the recommendations of the councils, made after advising with Page 373

the district judges of their respective circuits, and of the Director, may increase or decrease any salary, within the limits prescribed in subdivision (a) of this section, if there has been a material increase or decrease in the volume of business or other change in the factors which may be considered material in fixing salaries: Provided, however, That during the tenure of any full-time referee his salary shall not be reduced below that at which he was originally appointed under this amendatory Act, and during any term of any such referee his salary shall not be reduced below the salary fixed for him at the beginning of that term.

(d) (1) All referees in bankruptcy and employees in the offices of such referees shall be deemed to be officers and employees in the judicial branch of the United States Government within the meaning of subchapter III of chapter 83 of Title 5.

(2) Any referee who has retired or been retired under the provisions of paragraph (1) of this subdivision may, if called upon by a judge of a court of bankruptcy, perform such duties of a referee, conciliation commissioner, or special master under this title, within the jurisdiction of the court, as he may be able and willing to undertake. The retired referee shall receive as compensation for his services, either full or part time, the salary authorized for the referee serving the territory to which the retired referee is assigned. However, the rate of compensation of a retired referee assigned to serve on a full-time basis in the territory of a part-time referee shall be the minimum rate established by the Judicial Conference of the United States for full-time service. Salaries authorized under this paragraph shall be subject to the provisions of section 8344 (a) of Title 5. (As amended Dec. 27, 1973, Pub. L. 93-200, 87 Stat. 838.)

CODIFICATION

In subsec. (d), references to "subchapter III of chapter 83 of Title 5" and "section 8344 (a) of Title 5" were substituted for "the Civil Service Retirement Act" and "section 13(b) of the Civil Service Retirement Act", respectively, on authority of section 7(b) of Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 378, section 1 of which enacted Title 5, Government Organization and Employees.

AMENDMENTS

1973 Subd. (b). Pub. L. 93-200 struck out proviso that no salary fixed under the provisions of this section for a full-time referee shall be changed more often than once in any two years or in an amount of less than $250.

JUDICIAL CONFERENCE SCHEDULE OF SPECIAL CHARGES The Judicial Conference, at its session on Sept. 14, 1973, acting under the authority of provisions of this section, prescribed the following schedule of special charges, eff. Nov. 1, 1973, to be charged and collected by bankruptcy judges for deposit to the referees' salary and expense fund:

"1. For the preparation and mailing of each set of notices in asset cases and in cases filed under the relief chapters of the Act, in excess of 30 notices per set, 25 cents

for each additional notice on the first 10,000 and 15 cents per notice on the balance, provided, that in no proceeding administered in straight bankruptcy shall the total charge for this special service exceed 25 percent of the net proceeds realized.

"2. For each set of objections filed to a discharge or confirmation of an arrangement, or plan, $10.00 to be paid by the objecting creditor provided that no such charge shall be made for filing objections to a discharge by the United States Attorney. Where objections to a discharge are filed by the trustee, the charge shall be paid from the estate of the bankrupt unless waived by the court.

"3. For filing petitions for review, for filing petitions for reclamation of property, and for filing petitions for leave to foreclose a mortgage, $10.00 for each petition filed, to be paid at the time of filing by the petitioner, provided that no charge shall be made for petitions for review or for reclamation of property or for leave to foreclose filed on behalf of the United States.

"4. For making a typed copy of any record or paper, $1.00 per page of 250 words or a fraction thereof. For reproducing any record or paper by any means other than typing, 50 cents per page. These fees do not include certification.

"5. For certifying any document or paper, whether the certification is made directly on the document or by separate instrument, $1.00.

"6. For clerical aid on all claims filed in excess of 10, for filing, recording, computing and distributing dividend, 25 cents each in asset cases and cases filed under the relief chapters of the Act.

"7. For reporting performed by a regularly employed member of the referee's staff, a charge may be made for transcripts not exceeding the rates charged by the regular court reporter. The charge shall be paid from the estate of the bankrupt or by the parties requesting that the stenographic record be made and the proceeds shall be transmitted to the clerk for deposit to the credit of the Referees' Salary and Expense Fund.

"8. For amendments to bankrupt's schedules of creditors after notice to creditors, $10.00 for each amendment, provided that the referee may, for good cause, waive the charge in any case.

"9. For searching the records of the referee's office and furnishing information regarding any bankrupt or debtor, $1.00.

"10. For each application for determination of nondischargeability of debts filed by creditors, a fee of $10.00." SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 65, 67, 79, 403, 641, 645, 891, 894, 1033, 1059 of this title; title 28 section 634.

§ 72. Trustees; creditors' committees; and attorneys.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 15 section 78fff.

§ 75. Trustees; duties.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 29 section 1342.

§ 78. Bonds.

(a) Repealed. Pub. L. 92-310, title II, § 222(a) (1), June 6, 1972, 86 Stat. 205.

(g) Corporations organized for the purpose of becoming sureties on bonds or authorized by law to do so may be accepted as sole sureties upon the bonds of receivers, and trustees whenever the courts are satisfied that the rights of all parties in interest will be thereby amply protected.

(h) Bonds of receivers, trustees, and designated depositories shall be filed of record in the office of the clerk of the court and may be proceeded upon in the name of the United States for the use of

1972-Subsec. (a). Pub. L. 92-310, § 222(a) (1), repealed subsec. (a) which required referees to enter into bonds not exceeding $5,000.

Subsec. (g). Pub. L. 92-310, § 222(a)(2), bonds of referees.

eliminated

Subsec. (h). Pub. L. 92-310, § 222 (a) (3), eliminated bonds of referees.

Subsec. (k). Pub. L. 92-310, § 222 (a) (4), eliminated reference to referee.

Subsec. (1). Pub. L. 92-310, § 222 (a) (5), repealed subsec. (1) which related to the period during which proceedings could be brought upon referees' bonds.

LIMITATIONS ON PROCEEDINGS UPON REFEREES' BONDS PROCURED BEFORE JUNE 6, 1972

Section 222 (b) of Pub. L. 92-310 provided that: "Notwithstanding the amendment made by subsection (a) (5) of this section [to subsec. (1) of this section] proceedings upon referees' bonds procured before the date of enactment of this act [June 6, 1972] and in effect on such date may be brought at any time during the period ending two years after the alleged breach of the bond, but not thereafter."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 109 of this title.

Chapter 6.-CREDITORS

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 15 section 78fff. § 93. Proof and allowance of claims.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 15 section 78fff. § 96. Preferred creditors.

SECTION REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 15 section 78fff.

Chapter 7.-ESTATES

CHAPTER REFERRED TO IN OTHER SECTIONS This section is referred to in title 15 section 78fff. § 104. Debts which have priority.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 15 section 78fff. § 108. Set-offs and counterclaims.

(b) A set-off or counter claim shall not be allowed in favor of any debtor of the bankrupt which (1) is not provable against the estate and allowable under subdivision (g) of section 93 of this title; or (2) was purchased by or transferred to him after the filing of the petition or within four months before such filing with a view to such use and with knowledge