Act of Aug. 7, 1959, Pub. L. 86-144, 73 Stat. 296
An Act To amend sections 43 and 34 of the Bankruptcy Act (11 U.S.C. 71, 62) to simplify the filling of referee vacancies
Eighty-Sixth Congress, Session I · Approved August 7, 1959
Simplifies the filling of referee vacancies. Under the new section 43b a vacancy may be filled without any change in salary or arrangements on the recommendation of the Director, the district judge or judges and the circuit council, and only a recommended change must wait for the Judicial Conference to act. Section 34a is amended to refer to the “chief” rather than “senior” judge and to provide that a referee whose term has expired continues to serve until a successor is appointed and qualifies, provided the filling of the vacancy has been authorized under section 43b.
This is an unofficial transcription, prepared by Robert J. Pfister for ease of reading and copying. The authoritative text is the United States Statutes at Large.
United States Statutes at Large (PDF, 2 pages) (opens in a new tab) Unofficial transcription (PDF, 1 page) (opens in a new tab)
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subdivision b of section 43 of the Bankruptcy Act (11 U.S.C. 71b) is hereby amended to read as follows:
“b. A vacancy in the office of referee may be filled without any changes in the salary or arrangements upon the recommendations of the Director, the district judge or judges, and the circuit council that the office be so continued. If a change in the salary or arrangements is recommended by the Director, the district judge or judges, or the circuit council, a vacancy shall not be filled until the Conference has acted thereon.”
Sec. 2. Subdivision a of section 34 of the Bankruptcy Act (11 U.S.C. 62a) is hereby amended by striking the word “senior” and inserting in the place thereof the word “chief” and to make the last sentence thereof read as follows: “Upon the expiration of his term, a referee in bankruptcy shall continue to perform the duties of his office until his successor is appointed and qualifies provided the filling of the vacancy has been authorized as provided in subdivision b of section 43 of this Act.”
Approved August 7, 1959.