POWERS OF BANKRUPTCY COURTS.

SEC. 104. POWERS OF BANKRUPTCY COURTS. (a) Status Conferences.— Section 105 of title 11, United States Code, is amended by adding at the end the following: “(d) The court, on its own motion or on the request of a party in interest, may— “(1) hold a status conference regarding any case or proceeding under this title after notice to the parties in interest; and “(2) unless inconsistent with another provision of this title or with applicable Federal Rules of Bankruptcy Procedure, 108 STAT. 4109issue an order at any such conference prescribing such limitations and conditions as the court deems appropriate to ensure that the case is handled expeditiously and economically, including an order that— “(A) sets the date by which the trustee must assume or reject an executory contract or unexpired lease; or “(B) in a case under chapter 11 of this title— “(i) sets a date by which the debtor, or trustee if one has been appointed, shall file a disclosure statement and plan; “(ii) sets a date by which the debtor, or trustee if one has been appointed, shall solicit acceptances of a plan; “(iii) sets the date by which a party in interest other than a debtor may file a plan; “(iv) sets a date by which a proponent of a plan, other than the debtor, shall solicit acceptances of such plan; “(v) fixes the scope and format of the notice to be provided regarding the hearing on approval of the disclosure statement; or “(vi) provides that the hearing on approval of the disclosure statement may be combined with the hearing on confirmation of the plan.”. (b) Abstention.— Section 1334 of title 28, United States Code, is amended— (1) by redesignating subsection (d) as subsection (e), and (2) in the second sentence of subsection (c)(2)— (A) by inserting “(other than a decision not to abstain in a proceeding described in subsection (c)(2))” after “subsection”, and (B) by striking “Any” and inserting the following: “(d) Any”. (c) Establishment, Operation, and Termination of Bankruptcy Appellate Panel Service.— Section 158(b) of title 28, United States Code, is amended— (1) by striking paragraphs (3) and (4), (2) by redesignating paragraph (2) as paragraph (4), (3) by striking paragraph (1) and inserting the following: “(1) The judicial council of a circuit shall establish a bankruptcy appellate panel service composed of bankruptcy judges of the districts in the circuit who are appointed by the judicial council in accordance with paragraph (3), to hear and determine, with the consent of all the parties, appeals under subsection (a) unless the judicial council finds that— “(A) there are insufficient judicial resources available in the circuit; or “(B) establishment of such service would result in undue delay or increased cost to parties in cases under title 11. Not later than 90 days after making the finding, the judicial council shall submit to the Judicial Conference of the United States a report containing the factual basis of such finding. “(2) (A) A judicial council may reconsider, at any time, the finding described in paragraph (1). “(B) On the request of a majority of the district judges in a circuit for which a bankruptcy appellate panel service is established under paragraph (1), made after the expiration of the 108 STAT. 41101-year period beginning on the date such service is established, the judicial council of the circuit shall determine whether a circumstance specified in subparagraph (A) or (B) of such paragraph exists. “(C) On its own motion, after the expiration of the 3-year period beginning on the date a bankruptcy appellate panel service is established under paragraph (1), the judicial council of the circuit may determine whether a circumstance specified in subparagraph (A) or (B) of such paragraph exists. “(D) If the judicial council finds that either of such circumstances exists, the judicial council may provide for the completion of the appeals then pending before such service and the orderly termination of such service. “(3) Bankruptcy judges appointed under paragraph (1) shall be appointed and may be reappointed under such paragraph.”, and (4) by inserting after paragraph (4), as so redesignated, the following: “(5) An appeal to be heard under this subsection shall be heard by a panel of 3 members of the bankruptcy appellate panel service, except that a member of such service may not hear an appeal originating in the district for which such member is appointed or designated under section 152 of this title. “(6) Appeals may not be heard under this subsection by a panel of the bankruptcy appellate panel service unless the district judges for the district in which the appeals occur, by majority vote, have authorized such service to hear and determine appeals originating in such district.”. (d) Appeals To Be Heard by Bankruptcy Appellate Panel Service.— Section 158 of title 28, United States Code, is amended— (1) in subsection (c) by striking “(c)” and inserting “(2)”, and (2) by inserting after subsection (b) the following: “(c) (1) Subject to subsection (b), each appeal under subsection (a) shall be heard by a 3-judge panel of the bankruptcy appellate panel service established under subsection (b)(1) unless— “(A) the appellant elects at the time of filing the appeal; or “(B) any other party elects, not later than 30 days after service of notice of the appeal; to have such appeal heard by the district court.”. (e) Rules of Procedure and Evidence; Method of Prescribing.— Section 2073 of title 28, United States Code, is amended— (1) in subsection (a)(2) by striking “section 2072” and inserting “sections 2072 and 2075”, and (2) in subsections (d) and (e) by inserting “or 2075” after “2072” each place it appears. (f) Effective Date of Bankruptcy Rules.— The third undesignated paragraph of section 2075 of title 28, United States Code, is amended to read as follows: “The Supreme Court shall transmit to Congress not later than May 1 of the year in which a rule prescribed under this section is to become effective a copy of the proposed rule. The rule shall take effect no earlier than December 1 of the year in which it is transmitted to Congress unless otherwise provided by law.”.