Page:United States Statutes at Large Volume 108 Part 5.djvu/620

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108 STAT. 4110 PUBLIC LAW 103-394—OCT. 22, 1994 1-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 PRESCRIB- ING. —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.".