AMENDMENTS

1980-Pub. L. 96-349 substituted judicial authorization to require attorneys to satisfy excess costs, expenses, and attorneys' fees reasonably incurred because of multiplication of proceedings for such prior authority to impose liability for increased costs based on multiplication of proceedings.

§ 1930. Bankruptcy courts

(a) Notwithstanding section 1915 of this title, the parties commencing a case under title 11 shall pay to the clerk of the bankruptcy court the following filing fees:

(1) For a case commenced under chapter 7 or 13 of title 11, $60.

(2) For a case commenced under chapter 9 of title 11, $300.

(3) For a case commenced under chapter 11 of title 11 that does not concern a railroad, as defined in section 101 of title 11, $200.

(4) For a case commenced under chapter 11 of title 11 concerning a railroad, as so defined, $500.

An individual commencing a voluntary case or a joint case under title 11 may pay such fee in installments.

(b) The Judicial Conference of the United States may prescribe additional fees in cases under title 11 of the same kind as the Judicial Conference prescribes under section 1914(b) of this title.

(c) Upon the filing of any separate or joint notice of appeal or application for appeal or upon the receipt of any order allowing, or notice of the allowance of, an appeal or a writ of certiorari $5 shall be paid to the clerk of the bankruptcy court, by the appellant or petition

er.

(d) Whenever any case or proceeding is dismissed in any bankruptcy court for want of jurisdiction, such court may order the payment of just costs.

(e) The clerk of the bankruptcy court may collect only the fees prescribed under this section.

(Added Pub. L. 95-598, title II, § 246(a), Nov. 6, 1978, 92 Stat. 2671.)

EFFECTIVE DATE

Section effective Oct. 1, 1979, see section 402(c) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.

JUDICIAL CONFERENCE SCHEDULE OF FEES

The Judicial Conference of the United States at its session on March 7-9, 1979, adopted a schedule of fees to be charged in bankruptcy courts pursuant to this section. The schedule becomes effective on October 1, 1979. At its session on March 5, 6, 1980, the Judicial Conference amended the schedule of fees.

The scheduled charges for special services to be made under Section 40c(3) of the Bankruptcy Act for deposit to the Referees' Salary and Expense Fund and the miscellaneous fees chargeable in bankruptcy cases filed after October 1, 1979, pursuant to 28 U.S.C. 1930(b) are as follows (except that no fees are to be charged for services rendered on behalf of the United States):

1. For reproducing any record or paper 50 cents per page. This fee shall apply to paper copies made from either: (1) original documents; or (2) microfiche or microfilm reproductions of the original records.

2. For certifying any document or paper, whether the certification is made directly on the document or by separate instrument, $2.00.

3. For comparing with the original thereof any copy of any transcript of record, entry, record or paper, when such copy is furnished by any person requesting certification, $2.00 per page or fraction thereof. This fee is in addition to the fee for certification.

4. For reproduction of magnetic tape recordings, either cassette or reel to reel, $2.00 plus the cost of materials, minimum charge of $5.00.

5. For amendments to a debtor's schedules or lists of creditors after notice to creditors, $10.00 for each amendment, provided the bankruptcy judge may, for good cause, waive the charge in any case.

6. For every search of the records of the bankruptcy court conducted by the clerk of the bankruptcy court or one of his deputies, $2.00 per name or item searched.

7. For filing a complaint, a fee should be collected in the same amount as the filing fee prescribed in 28 U.S.C. 1914(a) for instituting any civil action other than a writ of habeas corpus. If the United States, other than a United States trustee acting as a trustee in a case under title 11, or a debtor is the plaintiff, no fee is required. If a trustee in a case under title 11 is the plaintiff, the fee should be payable only from the estate and to the extent there is any estate realized. The exemption granted herein to a debtor is not granted to a debtor in possession.

8. For filing or indexing any paper not in a case or proceeding for which a filing fee has been paid, $3.00, except that the fee for registering a judgment from another district shall be $10.00.

9. For each set of notices in cases filed under title 11 of the United States Code in excess of fifty notices per set, twenty-five cents for each additional notice. The fee shall be payable only from the estate and only to the extent there is an estate.

10. Upon the filing of a notice of appeal with the bankruptcy court in a proceeding arising under the Bankruptcy Act, $5.00 should be paid to the clerk of the bankruptcy court by the appellant.

11. For clerical processing of each claim filed in excess of 10, $.25 each in asset cases filed under Chapters I-VII of the Bankruptcy Act and in cases filed under the relief chapters of the Bankruptcy Act.

12. For transcribing a record of any proceeding by a regularly employed member of the bankruptcy court staff who is not entitled by statute to retain the transcript fees for his or her own account, a charge shall be made at the same rate and conditions established by the Judicial Conference for transcripts prepared and sold to parties by official court reporters. The party requesting the transcript shall pay the charge to the clerk of the bankruptcy court for deposit to the credit of the referees' salary and expense fund if the proceeding is related to a case commenced prior to October 1, 1979, and to the credit of the Treasury if the proceeding is related to a case commenced on or after October 1, 1979. If the trustee in bankruptcy or the debtor in possession requests a transcript in the performance of his official duties, the charge shall be paid from the estate to the extent there is any estate realized.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 11 section 104.

Sec.

CHAPTER 125-PENDING ACTIONS AND JUDGMENTS

1963A. Registration of judgments of the Court of

International Trade.

AMENDMENTS

1980-Pub. L. 96-417, title V. § 511(b), Oct. 10, 1980, 94 Stat. 1743, added item 1963A.

(a) A judgment in any civil action for the recovery of money or property entered by the Court of International Trade which has become final by appeal or expiration of time for appeal may be registered in any judicial district by filing a certified copy of such judgment. A judgment so registered shall have the same effect as a judgment of the district court of the district where registered and may be enforced in like

manner.

(b) A certified copy of the satisfaction of any judgment in whole or in part may be registered in like manner in any district in which the judgment is a lien.

(Added Pub. L. 96-417, title V, § 511(a), Oct. 10, 1980, 94 Stat. 1743.)

EFFECTIVE DATE

Section applicable with respect to civil actions commenced on or after Nov. 1, 1980, see section 701(b)(1)(F) of Pub. L. 96-417, set out as an Effective Date of 1980 Amendment note under section 251 of this title.

CHAPTER 127-EXECUTIONS AND JUDICIAL

SALES

CODIFICATION

The chapter heading is set out to correct a typographical error in the main edition.

CHAPTER 129-MONEYS PAID INTO COURT

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 11 section 347. CHAPTER 131-RULES OF COURTS

§ 2071. Rule-making power generally

AMENDMENTS TO CRIMINAL RULES AND RULES OF EVIDENCE PROPOSED APRIL 30, 1979; POSTPONEMENT OF EFFECTIVE DATE

Pub. L. 96-42, July 31, 1979, 93 Stat. 326, provided: "That notwithstanding any provision of section 3771 or 3772 of title 18 of the United States Code or of section 2072, 2075, or 2076 of title 28 of the United States Code to the contrary

"(1) the amendments proposed by the United States Supreme Court and transmitted by the Chief Justice on April 30, 1979, to the Federal Rules of Criminal Procedure affecting rules 11(e)(6), 17(h), 32(f), and 44(c), and adding new rules 26.2 and 32.1, and the amendment so proposed and transmitted to the Federal Rules of Evidence affecting rule 410, shall not take effect until December 1, 1980, or until and then only to the extent approved by Act of Congress, whichever is earlier; and

"(2) the amendment proposed by the United States Supreme Court and transmitted by the Chief Justice on April 30, 1979, affecting rule 40 of the Federal Rules of Criminal Procedure shall take effect on August 1, 1979, with the following amendments:

"(A) In the matter designated as paragraph (1) of subdivision (d), strike out 'in accordance with Rule 32.1(a)'.

"(B) In the matter designated as paragraph (2) of subdivision (d), strike out 'in accordance with Rule 32.1(a)(1)'."

§ 2075. Bankruptcy rules

The Supreme Court shall have the power to prescribe by general rules, the forms of process,

and procedure in cases under title 11.

Such rules shall not abridge, enlarge, or modify any substantive right.

Such rules shall not take effect until they have been reported to Congress by the Chief Justice at or after the beginning of a regular session thereof but not later than the first day of May and until the expiration of ninety days after they have been thus reported.

(As amended Pub. L. 95-598, title II, § 247, Nov. 6, 1978, 92 Stat. 2672.)

AMENDMENTS

1978-Pub. L. 95-598 substituted "in cases under title 11" for "under the Bankruptcy Act" and struck out provisions directing that all laws in conflict with bankruptcy rules be of no further force or effect after such rules have taken effect.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-598 effective Nov. 6, 1978, see section 402(d) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 48 sections 1424, 1615.

§ 2076. Rules of evidence

CROSS REFERENCES

Applicability of section to amendment of Classified Information Procedures Act, see section 11 of the Act set out in the appendix to Title 18, Crimes and Criminal Procedure.

CHAPTER 133-REVIEW-MISCELLANEOUS

PROVISIONS

§ 2107. Time for appeal to court of appeals

Except as otherwise provided in this section, no appeal shall bring any judgment, order or decree in an action, suit or proceeding of a civil nature before a court of appeals for review unless notice of appeal is filed, within thirty days after the entry of such judgment, order or decree.

In any such action, suit or proceeding in which the United States or an officer or agency thereof is a party, the time as to all parties shall be sixty days from such entry.

In any action, suit or proceeding in admiralty, the notice of appeal shall be filed within ninety days after the entry of the order, judgment or decree appealed from, if it is a final decision, and within fifteen days after its entry if it is an interlocutory decree.

The district court or the bankruptcy court may extend the time for appeal not exceeding thirty days from the expiration of the original time herein prescribed, upon a showing of excusable neglect based on failure of a party to learn of the entry of the judgment, order or decree.

(As amended Nov. 6, 1978, Pub. L. 95-598, title II, § 248, 92 Stat. 2672.)

AMENDMENTS

1978-Pub. L. 95-598 added "or the bankruptcy court" following "district court" in the provision authorizing the extension of the time for appeal upon a showing of excusable neglect and struck out paragraph which had directed that this section not apply to bankruptcy matters or other proceedings under Title 11.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-598 effective Apr. 1, 1984, see section 402(b) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.

§ 2112. Record on review and enforcement of agency orders

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2346 of this title; title 5 section 7123; title 7 sections 8, 9, 136n, 194, 1115, 1600, 1601; title 12 sections 93, 504, 505, 1464, 1730, 1730a, 1786, 1818, 1828, 1848, 1972; title 15 sections 21, 45, 57a, 78y, 79x, 80a-42, 80b-13, 687e, 717r, 1193, 1262, 1394, 1474, 1710, 1825, 1913, 2008, 2060, 2618, 3416; title 16 sections 8251, 1030, 1536, 1858, 3142, 3373; title 19 sections 81r, 1641; title 20 sections 351d, 1207, 1234d, 1413, 1416, 2309, 2740, 2851, 3086, 3806, 3862, 3873; title 21 sections 346a, 348, 355, 360g, 371; title 22 section 1631f; title 26 sections 3310, 6363; title 27 section 204; title 29 sections 160, 210, 660, 667, 721; title 30 sections 816, 1462; title 31 section 1263; title 33 section 921; title 39 section 3628; title 40 section 333; title 42 sections 263a, 263f, 291h, 504, 1316, 1320a-7a, 2022, 3027, 3785, 5311, 5405, 6068, 6306, 6869, 7525, 8412, 9152; title 43 sections 355, 1349; title 46 section 1181; title 47 section 402; title 49 sections 1486, 1674b.

1980-Pub. L. 96-417, title V. § 501(25), Oct. 10, 1980, 94 Stat. 1742, substituted "Court of International Trade Procedure" for "Customs Court Procedure" in item for chapter 169.

CHAPTER 151-DECLARATORY JUDGMENTS § 2201. Creation of remedy

In a case of actual controversy within its jurisdiction, except with respect to Federal taxes other than actions brought under section 7428 of the Internal Revenue Code of 1954 or a proceeding under section 505 or 1146 of title 11, any court of the United States, upon the filing of an appropriate pleading, may declare the rights and other legal relations of any interested party seeking such declaration, whether or not further relief is or could be sought. Any such declaration shall have the force and effect of a final judgment or decree and shall be reviewable as such.

(As amended Nov. 6, 1978, Pub. L. 95-598, title II, § 249, 92 Stat. 2672.)

AMENDMENTS

1978-Pub. L. 95-598 added reference to proceedings under section 505 or 1146 of title 11.

ADVISORY COMMITTEE NOTE

This amendment conforms the rule to subsequently enacted legislation clarifying and further defining the duties which may be assigned to a magistrate, 18 U.S.C. § 636, as amended in 1976 by Pub. L. 94-577. Το the extent that rule 10 is more restrictive than § 636, the limitations are of no effect, for the statute expressly governs "[n]otwithstanding any provision of law to the contrary."

The reference to particular rules is stricken, as under § 636(b)(1)(A) a judge may designate a magistrate to perform duties under other rules as well (e.g., order that further transcripts be furnished under rule 5; appoint counsel under rule 8). The reference to "established standards and criteria" is stricken, as § 636(4) requires each district court to "establish rules pursuant to which the magistrates shall discharge their duties." The exception with respect to a rule 4 order dismissing a petition is stricken, as that limitation appears in § 636(b)(1)(B) and is thereby applicable to certain other actions under these rules as well (e.g., determination of a need for an evidentiary hearing under rule 8; dismissal of a delayed or successive petition under rule 9).

§ 2255. Federal custody; remedies on motion attacking sentence

RULES GOVERNING SECTION 2255 PROCEEDINGS FOR THE UNITED STATES DISTRICT COURTS

Rule 10. Powers of Magistrates

The duties imposed upon the judge of the district court by these rules may be performed by a United States magistrate pursuant to 28 U.S.C. § 636.

(As amended Apr. 30, 1979, eff. Aug. 1, 1979.)

ADVISORY COMMITTEE NOTE

This amendment conforms the rule to 18 U.S.C. §636. See Advisory Committee Note to rule 10 of the Rules Governing Section 2254 Cases in the United States District Courts.

Rule 11. Time for Appeal

The time for appeal from an order entered on a motion for relief made pursuant to these rules is as provided in Rule 4(a) of the Federal Rules of Appellate Procedure. Nothing in these rules shall be construed as extending the time to appeal from the original judgment of conviction in the district court.

(As amended Apr. 30, 1979, eff. Aug. 1, 1979.) ADVISORY COMMITTEE NOTE

Prior to the promulgation of the Rules Governing Section 2255 Proceedings, the courts consistently held that the time for appeal in a section 2255 case is as provided in Fed.R.App.P. 4(a), that is, 60 days when the government is a party, rather than as provided in appellate rule 4(b), which says that the time is 10 days in criminal cases. This result has often been explained on the ground that rule 4(a) has to do with civil cases and that "proceedings under section 2255 are civil in nature." E. g., Rothman v. United States, 508 F.2d 648 (3d Cir. 1975). Because the new section 2255 rules are based upon the premise "that a motion under § 2255 is a further step in the movant's criminal case rather than a separate civil action," see Advisory Committee Note to rule 1, the question has arisen whether the new rules have the effect of shortening the time for appeal to that provided in appellate rule 4(b). A sentence has been added to rule 11 in order to make it clear that this is not the case.

Even though section 2255 proceedings are a further step in the criminal case, the added sentence correctly states current law. In United States v. Hayman, 342 U.S. 205 (1952), the Supreme Court noted that such appeals "are governed by the civil rules applicable to appeals from final judgments in habeas corpus actions." In support, the Court cited Mercado v. United States, 183 F.2d 486 (1st Cir. 1950), a case rejecting the argument that because § 2255 proceedings are criminal in nature the time for appeal is only 10 days. The Mercado court concluded that the situation was governed by that part of 28 U.S.C. § 2255 which reads: "An appeal may be taken to the court of appeals from the order entered on the motion as from a final judgment on application for a writ of habeas corpus." Thus, because appellate rule 4(a) is applicable in habeas cases, it likewise governs in § 2255 cases even though they are criminal in nature.

§ 2256. Habeas corpus from bankruptcy courts

(Added Pub. L. 95-598, title II, § 250(a), Nov. 6, 1978, 92 Stat. 2672.)

PRIOR PROVISIONS

A prior section 2256, added Pub. L. 95-144, § 3, Oct. 28, 1977, 91 Stat. 1220, which related to jurisdiction of proceedings relating to transferred offenders, was transferred to section 3244 of Title 18, Crimes and Criminal Procedure, by Pub. L. 95-598, title III, § 314(j), Nov. 6, 1978, 92 Stat. 2677.

EFFECTIVE DATE

Section effective Apr. 1, 1984, see section 402(b) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. For Bankruptcy jurisdiction and procedure during transition period, see note preceding section 1471 of this title.

CHAPTER 157-INTERSTATE COMMERCE COM-
MISSION
ORDERS; ENFORCEMENT AND
REVIEW

§ 2321. Judicial review of Commission's orders and decisions; procedure generally; process

[See main edition for text of (a) and (b)]

(c) The orders, writs, and process of the district courts may, in the cases specified in subsection (b) and in enforcement actions and actions to collect civil penalties under subtitle IV of title 49, run, be served and be returnable anywhere in the United States.

(As amended Oct. 17, 1978, Pub. L. 95-473, § 2(a)(3)(B), 92 Stat. 1465.)

AMENDMENTS

1978-Subsec. (c). Pub. L. 95-473 substituted "enforcement actions and actions to collect civil penalties under subtitle IV of title 49" for "actions under section 20 of the Act of February 4, 1887, as amended (24 Stat. 386; 49 U.S.C. 20), section 23 of the Act of May 16, 1942, as amended (56 Stat. 301; 49 U.S.C. 23), and section 3 of the Act of February 19, 1903, as amended (32 Stat. 848; 49 U.S.C. 43)".

(1) when appropriate to bring a person

before the court

(A) for examination; (B) to testify; or

(C) to perform a duty imposed on such person under this title; or

(2) ordering the release of a debtor in a case under title 11 in custody under the judgment of a Federal or State court if

(A) such debtor was arrested or imprisoned on process in any civil action;

(B) such process was issued for the collection of a debt

(i) dischargeable under title 11; or

(ii) that is or will be provided for in a plan under chapter 11 or 13 of title 11; and

(C) before the issuance of such writ, notice and a hearing have been afforded the adverse party of such debtor in custody to contest the issuance of such writ.

The Attorney General shall represent the Government in the actions specified in section 2321 of this title and in enforcement actions and actions to collect civil penalties under subtitle IV of title 49.

[See main edition for text of 2d to 4th
unnumbered pars.]

(As amended Oct. 17, 1978, Pub. L. 95-473, §2(a)(3)(C), 92 Stat. 1465.)

AMENDMENTS

1978-Pub. L. 95-473 in the provisions relating to the representation of the Government by the Attorney General substituted "enforcement actions and actions to collect civil penalties under subtitle IV of title 49" for "actions under section 20 of the Act of February 4, 1887, as amended (24 Stat. 386; 49 U.S.C. 20), section 23 of the Act of May 16, 1942, as amended (56 Stat. 301; 49 U.S.C. 23), and section 3 of the Act of February 19, 1903, as amended (32 Stat. 848; 49 U.S.C. 43)".

CHAPTER 158-ORDERS OF FEDERAL
AGENCIES; REVIEW

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 2321 of this title; title 5 section 7703; title 8 section 1105a; title 31 section 52-3; title 39 section 3628; title 42 section 2239; title 47 section 402; title 49 sections 10934, 11901; title 50 section 167h.

§ 2341. Definitions

ABOLITION OF THE ATOMIC ENERGY COMMISSION

The Atomic Energy Commission was abolished and all functions were transferred to the Administrator of the Energy Research and Development Administration (unless otherwise specifically provided) by section 5814 of Title 42, The Public Health and Welfare. The Energy Research and Development Administration was terminated and functions vested by law in the Administrator thereof were transferred to the Secretary of Energy (unless otherwise specifically provided) by sections 7151(a) and 7293 of Title 42.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 sections 2149, 3804, 3805.

§ 2342. Jurisdiction of court of appeals

The court of appeals has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of

[See main edition for text of (1) to (3)] (4) all final orders of the Atomic Energy Commission made reviewable by section 2239 of title 42;

(5) all rules, regulations, or final orders of the Interstate Commerce Commission made reviewable by section 2321 of this title and all final orders of such Commission made reviewable under section 11901(i)(2) of title 49, United States Code; and

(6) all final orders of the Merit Systems Protection Board except as provided for in section 7703(b) of title 5.

Jurisdiction is invoked by filing a petition as provided by section 2344 of this title.

(As amended Pub. L. 95-454, title II, § 206, Oct. 13, 1978, 92 Stat. 1144; Pub. L. 96-454, § 8(b)(2), Oct. 15, 1980, 94 Stat. 2021.)

AMENDMENTS

1980-Par. (5). Pub. L. 96-454 added "and all final orders of such Commission made reviewable under section 11901(1)(2) of title 49, United States Code" following "section 2321 of this title".

1978-Par. (6). Pub. L. 95-454 added par. (6).

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95-454, set out as an Effective Date of 1978 Amendment note under section 1101 of Title 5, Government Organization and Employees.

ABOLITION OF THE ATOMIC ENERGY COMMISSION

The Atomic Energy Commission was abolished and all functions were transferred to the Administrator of the Energy Research and Development Administration (unless otherwise specifically provided) by section 5814 of Title 42, The Public Health and Welfare. The Energy Research and Development Administration