28 U.S.C. § 156 : US Code - Section 156: Staff; expenses
Search 28 U.S.C. § 156 : US Code - Section 156: Staff; expenses
(a) Each bankruptcy judge may appoint a secretary, a law clerk,
and such additional assistants as the Director of the
Administrative Office of the United States Courts determines to be
necessary. A law clerk appointed under this section shall be exempt
from the provisions of subchapter I of chapter 63 of title 5,
unless specifically included by the appointing judge or by local
rule of court.
(b) Upon certification to the judicial council of the circuit
involved and to the Director of the Administrative Office of the
United States Courts that the number of cases and proceedings
pending within the jurisdiction under section 1334 of this title
within a judicial district so warrants, the bankruptcy judges for
such district may appoint an individual to serve as clerk of such
bankruptcy court. The clerk may appoint, with the approval of such
bankruptcy judges, and in such number as may be approved by the
Director, necessary deputies, and may remove such deputies with the
approval of such bankruptcy judges.
(c) Any court may utilize facilities or services, either on or
off the court's premises, which pertain to the provision of
notices, dockets, calendars, and other administrative information
to parties in cases filed under the provisions of title 11, United
States Code, where the costs of such facilities or services are
paid for out of the assets of the estate and are not charged to the
United States. The utilization of such facilities or services shall
be subject to such conditions and limitations as the pertinent
circuit council may prescribe.
(d) No office of the bankruptcy clerk of court may be
consolidated with the district clerk of court office without the
prior approval of the Judicial Conference and the Congress.
(e) In a judicial district where a bankruptcy clerk has been
appointed pursuant to subsection (b), the bankruptcy clerk shall be
the official custodian of the records and dockets of the bankruptcy
court.
(f) For purposes of financial accountability in a district where
a bankruptcy clerk has been certified, such clerk shall be
accountable for and pay into the Treasury all fees, costs, and
other monies collected by such clerk except uncollected fees not
required by an Act of Congress to be prepaid. Such clerk shall make
returns thereof to the Director of the Administrative Office of the
United States Courts and the Director of the Executive Office For
United States Trustees, under regulations prescribed by such
Directors.
« Prev
Temporary transfer of bankruptcy judges