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LegalText 28 U.S.C. § 156 Staff; expenses us united_states_code code_section 28 JUDICIARY AND JUDICIAL PROCEDURE 6 BANKRUPTCY JUDGES 156 28 U.S.C. § 156 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc28@119-100.zip /us/usc/t28/s156 data/legal/raw/us/code/title-28/usc28.xml 2d04cae9e3f16c707809e9c60be125495132a64bc75c6f0a8f527211ffc6a0ec 3390f867a2c02f5d0c496269da780795fe19663a090a3040c64a9ee0a541cdcf ada8d8ef9b78281f47ec3c25cc4c41e345599332110100c2b5b1f8596694b4ed 2026-07-04 official
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28 U.S.C. § 156 - Staff; expenses

Text

(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 courts 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. 98353, title I, § 104(a), July 10, 1984, 98 Stat. 339; amended Pub. L. 99554, title I, §§ 103, 142, 144(a), Oct. 27, 1986, 100 Stat. 3090, 3096; Pub. L. 100702, title X, § 1003(a)(3), Nov. 19, 1988, 102 Stat. 4665.)

Notes

Editorial Notes

Amendments1988—Subsec. (a). Pub. L. 100702 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. 99554, § 103, added subsec. (d). Subsecs. (e), (f). Pub. L. 99554, §§ 142, 144(a), added subsecs. (e) and (f).

Statutory Notes and Related Subsidiaries

Effective Date of 1986 AmendmentAmendment by section 103 of Pub. L. 99554 effective Oct. 27, 1986, and amendment by sections 142 and 144 of Pub. L. 99554 effective 30 days after Oct. 27, 1986, see section 302(a), (b) of Pub. L. 99554, set out as a note under section 581 of this title.