§156 Staff; Expenses

Summary

Bankruptcy judges can hire a secretary, a law clerk, and other assistants that the Director of the Administrative Office of the United States Courts finds necessary. A law clerk is usually exempt from some federal personnel rules unless the judge or local court decides otherwise. If the judicial council of the circuit and that Director say the number of cases under section 1334 in a district makes it needed, the bankruptcy judges there can appoint a court clerk. That clerk can hire and remove deputies with the judges’ approval. Courts may use on- or off-site services for notices, dockets, calendars, and similar tasks if the bankruptcy estate pays and the U.S. is not charged. A bankruptcy clerk’s office cannot be merged with the district clerk’s office without approval from the Judicial Conference and Congress. Where a bankruptcy clerk is appointed, that clerk keeps the court’s records and dockets, must pay all collected fees, costs, and other money into the Treasury (except uncollected fees not required by an Act of Congress to be prepaid), and must report those amounts to the Director of the Administrative Office of the United States Courts and the Director of the Executive Office for United States Trustees under rules those Directors set.