Talk:United States bankruptcy court

History of the bankruptcy courts

As currently written, the article states:

The current system of bankruptcy courts was created by United States Congress in 1978, effective April 1, 1984. [citation in the article to various provisions of the Bankruptcy Reform Act of 1978]

That statement is technically correct, but it has to be understood with the emphasis on the phrase "current system." The bankruptcy courts did exist in some form before the Bankruptcy Reform Act of 1978. Even prior to April 1, 1984, there were bankruptcy "referees" and bankruptcy courts.

Regarding the changes made by the 1978 Reform Act, here's an excerpt from a history written by U.S. Bankruptcy Judge Robert J. Kressel of Minnesota:

Starting in 1979, change came rapidly. The Bankruptcy Reform Act of 1978 totally reorganized the method for handling bankruptcy cases. Effective October 1, 1979, a separate United States bankruptcy court was created for each judicial district. A transition period from October 1, 1979, through March 31, 1984, was designated, during which time the United States bankruptcy courts were "departments" of their respective United States district courts and bankruptcy judges would continue to be appointed by the district court. At the end of this transition period, the bankruptcy courts would become "adjuncts" to the district courts and bankruptcy judges would be appointed by the President for terms of fourteen years. The Bankruptcy Reform Act also created, for the first time, the position of clerk of bankruptcy court.

--from [1].

Maybe we can work some more of the history of the bankruptcy courts into the article later..... Famspear (talk) 00:51, 30 September 2012 (UTC)

Yes, a bit on the old Trustee/Referee system to put the change into context would be helpful. — Preceding unsigned comment added by 2602:306:CF99:2080:10B4:FDB:5555:8271 (talk) 19:47, 28 February 2020 (UTC)

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