U.S. Code » Title 28 » Part PART I— ORGANIZATION OF COURTS › Chapter CHAPTER 6— BANKRUPTCY JUDGES

28 U.S.C. § 155

Temporary transfer of bankruptcy judges

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 28 CasesGoogle Scholar
(a) A bankruptcy judge may be transferred to serve temporarily as a bankruptcy judge in any judicial district other than the judicial district for which such bankruptcy judge was appointed upon the approval of the judicial council of each of the circuits involved.(b) A bankruptcy judge who has retired may, upon consent, be recalled to serve as a bankruptcy judge in any judicial district by the judicial council of the circuit within which such district is located. Upon recall, a bankruptcy judge may receive a salary for such service in accordance with regulations promulgated by the Judicial Conference of the United States, subject to the restrictions on the payment of an annuity in section 377 of this title or in subchapter III of chapter 83, and chapter 84, of title 5 which are applicable to such judge.(Added Pub. L. 98–353, title I, § 104(a), July 10, 1984, 98 Stat. 339; amended Pub. L. 99–651, title II, § 202(a), Nov. 14, 1986, 100 Stat. 3648; Pub. L. 100–659, § 4(a), Nov. 15, 1988, 102 Stat. 3918.)Editorial NotesAmendments

1988—Subsec. (b). Pub. L. 100–659 inserted “section 377 of this title or in” after “annuity in” and “which are applicable to such judge” after “title 5”.

1986—Subsec. (b). Pub. L. 99–651 inserted reference to chapter 84 of title 5.

Statutory Notes and Related SubsidiariesEffective Date of 1988 Amendment

Amendment by Pub. L. 100–659 effective Nov. 15, 1988, and applicable to bankruptcy judges and magistrate judges who retire on or after Nov. 15, 1988, with exception for judges and magistrate judges retiring on or after July 31, 1987, see section 9 of Pub. L. 100–659, as amended, set out as an Effective Date note under section 377 of this title.

Effective Date of 1986 Amendment

Pub. L. 99–651, title II, § 203, Nov. 14, 1986, 100 Stat. 3649, provided that: “This title and the amendments made by this title [enacting section 375 of this title and amending this section and sections 374, 631, 633, 636, and 797 of this title] take effect on January 1, 1987.”

Notes of Decisions
Cited in 27 cases (9 in the last 5 years), 1988–2026 · leading case: Vickers Assocs., Ltd. v. Urice (In Re Jaritz Indus., Ltd.), 207 B.R. 451 (D.V.I. 1997).
Sort: Relevance Newest Treatment
Vickers Assocs., Ltd. v. Urice (In Re Jaritz Indus., Ltd.), 207 B.R. 451 (D.V.I. 1997). · cites it 7× “Cosetti, a senior judge of the United States Bankruptcy Court for the Western District of Pennsylvania, who was assigned to sit in the Virgin Islands pursuant to 28 U.S.C. § 155 (a). Vickers was a secured creditor in the Chapter 11 bankruptcy proceeding of the debtor, Jaritz…”
Vickers Assocs., Ltd. v. Urice, 207 B.R. 451 (D.V.I. 1997). · cites it 7× “Cosetti, a senior judge of the United States Bankruptcy Court for the Western District of Pennsylvania, who was assigned to sit in the Virgin Islands pursuant to 28 U.S.C. § 155 (a). Vickers was a secured creditor in the Chapter 11 bankruptcy proceeding of the debtor, Jaritz…”
United States v. Robert E. Cooley Ronald L. Taylor Gary P. Leber Merri W. Turner, Also Known as Merrie Foutz & Charles W. Matson, 1 F.3d 985 (10th Cir. 1993). “Hoekema, Comment, Questioning the Impartiality of Judges: Disqualifying Federal District Court Judges Under 28 U.S.C. § 155 (a), 60 Temp.L.Q. 697, 727 (1987).”
United States v. Bertoli, 854 F. Supp. 975 (D.N.J. 1994). “28 U.S.C. § 155 (a) Section 455(a) of title 28 provides: “Any justice, judge or magistrate of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.”
Seidel v. Durkin (In Re Goodwin), 194 B.R. 214 (9th Cir. BAP 1996). “28 U.S.C. § 155 : Summary of the Law. Section 455 states in its relevant part: (a) Any justice, judge, or magistrate of the United States shall disqualify himself in *222 any proceeding in which his impartiality might reasonably be questioned.”
Vickers Assocs., Ltd. v. Urice, 151 F.3d 93 (3rd Cir. 1998). · cites it 6× “OPINION OF THE COURT STAPLETON, Circuit Judge: We are here asked to review a decision of the District Court of the Virgin Islands in an appeal from an order of a bankruptcy judge sitting in the Virgin Islands by designation of the Third Circuit Judicial Council under 28 U.S.C. §…”
In Re Olsen, 358 B.R. 609 (Bankr. S.D.N.Y. 2007). “28 U.S.C. § 155 Under 28 U.S.C. § 455 (a), “[a]ny justice, judge, or magistrate of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.”
United States v. Salemme, 164 F. Supp. 2d 49 (D. Mass. 1998). “Hoekema, Questioning the Impartiality of Judges: Disqualifying Federal District Court Judges Under 28 U.S.C. § 155 (a), 60 Temp. L.Q. 697, 727 (1987) (footnotes omitted).”
Moore, Owen, Thomas & Co. v. Coffey (In Re Kool, Mann, Coffee & Co.), 234 B.R. 873 (D.V.I. 1999). · cites it 2× “Unfortunately, the section of the statute used for these designations, 28 U.S.C. § 155 (a), only authorizes the transfer of a bankruptcy judge appointed in one judicial district to serve temporarily in another “judicial district.”
Malone v. Hughes (In Re Hughes), 98 B.R. 115 (D.D.C. 1988). “The matter is before the undersigned, Bankruptcy Judge for the District of Maryland serving by designation pursuant to 28 U.S.C. § 155 (a). THE PRESENT MOTION By counsel, Darlene Malone, individually, as next of friend of her daughter, Linda Green, and as personal representative…”
Coffey v. Marina Mgmt. Servs. Inc. (In re Kool, Mann, Coffee & Co.), 23 F.3d 66 (3rd Cir. 1994). · cites it 2× “Judge Gindin was assigned to sit in the Virgin Islands pursuant to 28 U.S.C. § 155 (a) which provides: § 155.”
Chiang v. Barclays Bank, PLC (In Re Caledonia Springs, Inc.), 185 B.R. 712 (D.V.I. 1995). “Judge Cosetti was assigned to sit in the Virgin Islands pursuant to 28 U.S.C. § 155 (a) which provides: (a) A bankruptcy judge may be transferred to serve temporarily as a bankruptcy judge in any judicial district for which such bankruptcy judge was appointed upon the approval…”
Show all 27 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.