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

28 U.S.C. § 156

Staff; expenses

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(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.(Added Pub. L. 98–353, title I, § 104(a), July 10, 1984, 98 Stat. 339; amended Pub. L. 99–554, title I, §§ 103, 142, 144(a), Oct. 27, 1986, 100 Stat. 3090, 3096; Pub. L. 100–702, title X, § 1003(a)(3), Nov. 19, 1988, 102 Stat. 4665.)Editorial NotesAmendments

1988—Subsec. (a). Pub. L. 100–702 inserted at end “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.”

1986—Subsec. (d). Pub. L. 99–554, § 103, added subsec. (d).

Subsecs. (e), (f). Pub. L. 99–554, §§ 142, 144(a), added subsecs. (e) and (f).

Statutory Notes and Related SubsidiariesEffective Date of 1986 Amendment

Amendment by section 103 of Pub. L. 99–554 effective Oct. 27, 1986, and amendment by sections 142 and 144 of Pub. L. 99–554 effective 30 days after Oct. 27, 1986, see section 302(a), (b) of Pub. L. 99–554, set out as a note under section 581 of this title.

Notes of Decisions
Cited in 31 cases (12 in the last 5 years), 1983–2025 · leading case: Paloian v. American Express Co. (In Re Canopy Financial, Inc.)
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Paloian v. American Express Co. (In Re Canopy Financial, Inc.) (2011) ilnd “” 28 U.S.C. § 156 (b)(2)(H). Thus, the statute provides the Bankruptcy Court with authority to enter final judgment on Paloian’s claims.”
United State ex rel. Minge v. Hawker Beechcraft Corp. (In re Hawker Beechcraft, Inc.) (2014) nysd “(“Epiq”) as “claims agent” at the debtors’ request, pursuant to 28 U.S.C. § 156 (c). On June 5, 2012, Epiq mailed a “Notice of Chapter 11 Bankruptcy Cases, Meeting of Creditors, & Deadlines,” dated June 5, 2012 (the “Notice”), to creditors and other parties in interest.”
Linder v. Trump's Castle Associates (1993) njd “The Court authorized Claudia King & Associates to serve as the debtor’s claims agent under 28 U.S.C. § 156 (c), who certified that they mailed the notice of bar date to appellant’s counsel, Jeffrey Sheppard, on March 19, 1992 and that as of October 23, 1992, the notice had not…”
Matter of Seven Springs Apartments, Phase II (1983) ganb “28 U.S.C. § 156 . In summary, the District Court Local Rule is without authority to refer (or withdraw) cases and proceedings already referred by § 405(a)(1) and 11 U.”
L.T. Ruth Coal Co. v. Big Sandy Coal & Coke Co. (In Re L.T. Ruth Coal Co.) (1986) kyeb “Thus these courts, and the bankruptcy courts ( 28 U.S.C. § 156 (b)), may be said to have “unfettered” administrative control over the office of clerk of the court.”
In Re Lindstrom (2005) mieb “This is a core proceeding pursuant to 28 U.S.C. § 156 (b)(2)(B) over which this Court has jurisdiction pursuant to 28 U.”
Gentry v. Circuit City Stores, Inc. (In Re Circuit City Stores, Inc.) (2010) vaed “On November 12, 2008, the bankruptcy court appointed Kurtzman Carson Consultants LLC (“KCC”) as the claims, noticing, and balloting agent for the Debtors, pursuant to 28 U.S.C. § 156 (c). On December 10, 2008, the bankruptcy court entered an Order setting January 30, 2009 (the…”
Kozec v. Murphy (In re Murphy) (2017) nceb “See 28 U.S.C. § 156 (b). 11 If the bankruptcy judges obtain subject matter jurisdiction over a personal injury tort or wrongful death claim through referral under 28 U.”
Chorman v. Foamex International, Inc. (In re Foamex International, Inc.) (2013) deb “*103 JURISDICTION By order dated February 22, 2012, the Court determined that this proceeding is non-core pursuant to 28 U.S.C. § 156 (b)(3). (D.I. 118). The parties thereafter moved to withdraw the reference, and by order dated April 5, 2012, the District Court referred the…”
Smith v. Ball (In Re Smith) (1987) lamb “This is a core proceeding as defined in 28 U.S.C. § 156 (b)(2)(A); pursuant to 28 U.”
United States ex rel. Minge v. Hawker Beechcraft Corp. (In re Hawker Beechcraft Inc.) (2013) nysb “At the Debtors’ request, the Court appointed Epiq Bankruptcy Solutions, LLC (“Epiq”) pursuant to 28 U.S.C. § 156 (c) to serve as the “claims agent” in the case.”
Madison Square Boys & Girls Club, Inc. (2022) nysb · cites it 14× “28 U.S.C. § 156 (c) and the SDNY Protocol The Clerk is the “official custodian of the records and dockets of the bankruptcy court.”
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