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IN RE BENNY

Nos. 86-2636, 86-2637.

812 F.2d 1133 (1987)

In re George I. BENNY and Alexandra Benny, Debtors. Alexandra BENNY, Appellant, v. John M. ENGLAND, Trustee, Chicago Title Insurance Company, Creditor, etc., et al., Appellees. UNITED STATES of America, Intervenor-Appellant, v. John M. ENGLAND, Trustee, Chicago Title Insurance Company, Creditor, etc., et al., Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 12, 1987.

Attorney(s) appearing for the Case

Law Offices of John T. Hansen, John T. Hansen, Lewis C. Maldondo, San Francisco, Cal., for Benny.

Richard K. Willard, Asst. Atty. Gen., Joseph P. Russoniello, U.S. Atty., Paul Blankenstein, Appellate Litigation Counsel, Judith F. Ledbetter, Atty., Dept. of Justice, Washington, D.C., for U.S.

Steven R. Ross, Gen. Counsel to the Clerk, Charles Tiefer, Deputy Gen. Counsel to the Clerk, Michael L. Murray, Asst. Counsel to the Clerk, U.S. House of Representatives, Washington, D.C., for Speaker & Bipartisan Leadership Group of the House of Representatives.

Michael Davidson, Morgan J. Frankel, Office of Senate Legal Counsel, Washington, D.C., for U.S. Senate.

Laurence J. Kaiser, Kronish, Lieb, Shainswit, Weiner & Hellman, New York City, for Bankruptcy Judges.

Before FERGUSON, NORRIS and WIGGINS, Circuit Judges.

WIGGINS, Circuit Judge:

This case involves an appeal from a district court's order upholding the constitutionality of sections 106 and 121 of the Bankruptcy Amendments and Federal Judgeship Act of 1984, Pub.L. No. 98-353, 98 Stat. 333 (the 1984 Act). We affirm the holding of the district court that the challenged provisions of the 1984 Act do not violate the Appointments Clause.

FACTS AND PROCEDURAL HISTORY

The involuntary bankruptcy proceeding that...

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