28 U.S.C. § 153

Salaries; character of service

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(a) Each bankruptcy judge shall serve on a full-time basis and shall receive as full compensation for his services, a salary at an annual rate that is equal to 92 percent of the salary of a judge of the district court of the United States as determined pursuant to section 135, to be paid at such times as the Judicial Conference of the United States determines.(b) A bankruptcy judge may not engage in the practice of law and may not engage in any other practice, business, occupation, or employment inconsistent with the expeditious, proper, and impartial performance of such bankruptcy judge’s duties as a judicial officer. The Conference may promulgate appropriate rules and regulations to implement this subsection.(c) Each individual appointed under this chapter shall take the oath or affirmation prescribed by section 453 of this title before performing the duties of the office of bankruptcy judge.(d) A bankruptcy judge appointed under this chapter shall be exempt from the provisions of subchapter I of chapter 63 of title 5.(Added Pub. L. 98–353, title I, § 104(a), July 10, 1984, 98 Stat. 338; amended Pub. L. 100–202, § 101(a), [title IV, § 408(a)], Dec. 22, 1987, 101 Stat. 1329, 1329–26; Pub. L. 100–702, title X, § 1003(a)(1), Nov. 19, 1988, 102 Stat. 4665.)Editorial NotesAmendments

1988—Subsec. (d). Pub. L. 100–702 added subsec. (d).

1987—Subsec. (a). Pub. L. 100–202 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Each bankruptcy judge shall serve on a full-time basis and shall receive as full compensation for his services a salary at an annual rate determined under section 225 of the Federal Salary Act of 1967 (2 U.S.C. 351–361) as adjusted by section 461 of this title, to be paid at such times as the Judicial Conference of the United States determines.”

Statutory Notes and Related SubsidiariesEffective Date of 1987 Amendment

Pub. L. 100–202, § 101(a) [title IV, § 408(d)], Dec. 22, 1987, 101 Stat. 1329, 1329–27, provided that: “This section [amending this section, section 634 of this title, and section 356 of Title 2, The Congress] shall become effective October 1, 1988, and any salary affected by the provisions of this section shall be adjusted at the beginning of the first applicable pay period commencing on or after such date of enactment [probably should read “such date”, meaning Oct. 1, 1988].”

Transition Provisions

Pub. L. 100–702, title X, § 1003(b), Nov. 19, 1988, 102 Stat. 4665, provided that:“(1) If an individual who is exempted from the Leave Act by operation of amendments under this section [amending this section and sections 156, 631, 634, 712, 752, and 794 of this title] and who was previously subject to the provisions of subchapter I of chapter 63 of title 5, United States Code, without a break in service, again becomes subject to this subchapter on completion of his service as an exempted officer, the unused annual leave and sick leave standing to his credit when he was exempted from this subchapter is deemed to have remained to his credit.“(2) In computing an annuity under section 8339 of title 5, United States Code, the total service of a person specified in paragraph (1) of this subsection who retired on an immediate annuity or dies leaving a survivor or survivors entitled to an annuity includes, without regard to the limitations imposed by subsection (f) of section 8339 of title 5, United States Code, the days of unused sick leave standing to his credit when he was exempted from subchapter I of chapter 63 of title 5, United States Code, except that these days will not be counted in determining average pay or annuity eligibility.”

Continuation of Salaries of Bankruptcy Judges in Effect on June 27, 1984

Pub. L. 98–353, title I, § 105(a), July 10, 1984, 98 Stat. 342, provided that: “The salary of a bankruptcy judge in effect on June 27, 1984, shall remain in effect until changed as a result of a determination or adjustment made pursuant to section 153(a) of title 28, United States Code, as added by this Act.”

Part-Time Bankruptcy Judges

For provision that notwithstanding subsecs. (a) and (b) of this section, a bankruptcy judge serving on a part-time basis on July 10, 1984, may continue to serve on such basis for two years from such date, and may engage in the practice of law, see section 106 of Pub. L. 98–353, set out as a note under section 152 of this title.

Statutory Notes and Executive DocumentsSalary Increases

1988—Salaries of bankruptcy judges continued at $72,500 per annum by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, formerly set out as a note under section 5332 of Title 5, Government Organization and Employees.

1987—Salaries of bankruptcy judges increased to $72,500 per annum, on recommendation of the President of the United States, see note set out under section 358 of Title 2, The Congress.

Salaries of bankruptcy judges increased to $70,500 effective on first day of first pay period beginning on or after Jan. 1, 1987, by Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505, formerly set out as a note under section 5332 of Title 5, Government Organization and Employees.

1985—Salaries of bankruptcy judges increased to $68,400 effective on first day of first pay period beginning on or after Jan. 1, 1985, by Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577, formerly set out as a note under section 5332 of Title 5.

1984—Salaries of bankruptcy judges (full-time) and bankruptcy judges (part-time) (maximum rate) increased to $66,100 and $33,100, respectively, effective on first day of first pay period beginning on or after Jan. 1, 1984, by Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493, formerly set out as a note under section 5332 of Title 5.

1982—Salaries of bankruptcy judges and referees in bankruptcy (full-time), or referees in bankruptcy (part-time) (maximum rate) increased to $63,600 and $31,800, respectively, effective on first day of first pay period beginning on or after Oct. 1, 1982, by Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, formerly set out as a note under section 5332 of Title 5. Ex. Ord. No. 12387 further provided that pursuant to section 101(e) of Pub. L. 97–276 funds are not available to pay a salary at a rate which exceeds the rate in effect on Sept. 30, 1982, which was $58,500 for bankruptcy judges and referees in bankruptcy (full-time), and $30,600 for referees in bankruptcy (part-time) (maximum rate).

Maximum rate payable to bankruptcy judges after Dec. 17, 1982, increased from $58,500 to $63,600, see Pub. L. 97–377, title I, § 129(b)–(d), Dec. 21, 1982, 96 Stat. 1914, set out as a note under section 5318 of Title 5.

1981—Salaries of bankruptcy judges and referees in bankruptcy (full-time), or referees in bankruptcy (part-time) (maximum rate) increased to $61,200 and $30,600, respectively, effective on first day of first pay period beginning on or after Oct. 1, 1981, by Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, formerly set out as a note under section 5332 of Title 5. Ex. Ord. No. 12330 further provided that pursuant to section 101(c) of Pub. L. 97–51 funds are not available to pay a salary at a rate which exceeds the rate in effect on Sept. 30, 1981, which was $51,167.50 for bankruptcy judges and referees in bankruptcy (full-time), and $25,583.75 for referees in bankruptcy (part-time) (maximum rate).

1980—Salaries of bankruptcy judges and referees in bankruptcy (full-time), or referees in bankruptcy (part-time) (maximum rate) increased to $58,400 and $29,200, respectively, effective on first day of first pay period beginning on or after Oct. 1, 1980, by Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, formerly set out as a note under section 5332 of Title 5. Ex. Ord. No. 12248 further provided that pursuant to section 101(c) of Pub. L. 96–369 funds are not available to pay a salary which exceeds the rate in effect on Sept. 30, 1980, which was $51,167.50 for bankruptcy judges and referees in bankruptcy (full-time), and $25,583.75 for referees in bankruptcy (part-time) (maximum rate).

For limitations on use of funds for period Oct. 1, 1980 through June 5, 1981, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(c) of Pub. L. 96–369 and section 101(c) of Pub. L. 96–536, set out as notes under section 5318 of Title 5.

1979—Salaries of bankruptcy judges increased to $53,500 effective on first day of first pay period beginning on or after Oct. 1, 1979, by Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, as amended by Ex. Ord. No. 12200, Mar. 12, 1980, 45 F.R. 16443, formerly set out as a note under section 5332 of Title 5. Ex. Ord. No. 12165 further provided that pursuant to Pub. L. 96–86 funds appropriated for fiscal year 1980 may not be used to pay a salary at a rate which exceeds an increase of 5.5 percent over the applicable rate payable for such position or office in effect on Sept. 30, 1978, which was $51,167.50 for bankruptcy judges.

Notes of Decisions

Cited in 33 cases (1 in the last 5 years), 1930–2025 · leading case: Jan's Helicopter Serv., Inc. v. Fed. Aviation Admin., 525 F.3d 1299 (Fed. Cir. 2008).

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Jan's Helicopter Serv., Inc. v. Fed. Aviation Admin., 525 F.3d 1299 (Fed. Cir. 2008). · cites it 2× “The plaintiff in that case, a former bankruptcy judge, alleged that his failure to be reappointed was in violation of Judicial Conference regulations, and asserted 28 U.S.C. § 153 (a) as the basis for Tucker Act jurisdiction.”

Massachusetts Ex Rel. Dep't of Pub. Welfare v. Dartmouth House Nursing Home, Inc. (In Re Dartmouth House Nursing Home, Inc.), 30 B.R. 56 (1st Cir. BAP 1983). · cites it 4× “28 U.S.C.A. § 153 (a) (Supp.1983). [8] The judicial council of the circuit can remove them during their term "for incompetency, misconduct, neglect of duty, or physical or mental disability.”

In re United States, 348 B.R. 1328 (Fed. Cir. 2006). · cites it 2× “Scholl asserts that 28 U.S.C. § 153 (a), the pay statute for bankruptcy judges, and the Judicial Conference regulations support Tucker Act Jurisdiction in the Court of Federal Claims.”

Scholl v. United States, 61 Fed. Cl. 322 (Fed. Cl. 2004). · cites it 3× “§ 5596 , affords this Court with the authority to award back pay for the period prior to the date of judgment. While we may not award pay for future years, a plaintiff may file successive back pay claims.”

Attorney Reg. & Disciplinary Comm'n of the Supreme Court of Illinois v. Betts (In Re Betts), 143 B.R. 1016 (Bankr. N.D. Ill. 1992). · cites it 2× “See 28 U.S.C. §§ 153 (c) and 453. The fact that an attorney is a client and party in one case, as well as an attorney for other clients as parties in other cases, compels no logical or reasonable conclusion that all cannot have their separate contested cases and matters decided…”

Scholl v. United States, 54 Fed. Cl. 640 (Fed. Cl. 2002). · cites it 2× “See 28 U.S.C. § 153 . In August of the thirteenth year of the Judge’s term, Mr.”

Marathon Pipeline Co. v. N. Pipeline Constr. Co., 12 B.R. 946 (D. Minnesota 1981). “28 U.S.C. § 153 . This is to be contrasted with the life tenure guarantee under Article III § 1 of the United States Constitution 8 and the strict impeachment standard for “high crimes and misdemeanors” under Article II § 4 of the Constitution applicable to Article III judges.”

King v. United States, 81 Fed. Cl. 766 (Fed. Cl. 2008). “2006) (quoting 28 U.S.C. § 153 (a)). The Federal Circuit further noted, however, that “[the statute’s] money-mandating command only benefits an individual who actually holds the position of bankruptcy judge,” id.”

Solution Trust ex rel. AWTR Liquidation Trust v. 2100 Grand LLC (In re AWTR Liquidation Inc.), 547 B.R. 831 (Bankr. C.D. Cal. 2016). “§ 152 (a)), they are paid a fixed percentage of the salaries of Article III Judges ( 28 U.S.C. § 153 (a)) (bankruptcy judges’ salaries are “equal to 92 percent of the salary of a judge of the district court of the United States”), and the District Court can withdraw the…”

Lindsey v. Cryts (In Re Cox Cotton Co.), 24 B.R. 930 (E.D. Ark. 1982). “28 U.S.C. § 153 (b). His use of the contempt power can certainly be influenced by that fact alone.”

Thomas R. Cornish v. United States, 112 Fed. Cl. 801 (Fed. Cl. 2013). · cites it 4× “Judicial pay; Judicial COLAs; Bankruptcy judges; 28 U.S.C. § 153 (a); Beer v. United States.”

Murphy v. Felice (In re Felice), 480 B.R. 401 (Bankr. D. Mass. 2012). “A bankruptcy judge for a particular district is appointed by the court of appeals for the circuit in which the district is located, and the term of appointment is fourteen years.”

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