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United States Bankruptcy Court

Eastern District of Wisconsin

Honorable G. Michael Halfenger, Chief Judge
Sean D. McDermott, Clerk of Court

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NOTICE OF LIMITATIONS ON OPERATIONS DURING FUNDING LAPSE

Federal Government funding lapsed on October 1, 2025. Since then, the federal Judiciary has continued paid operations using funds from filing fees and other no-year appropriations. If Congress does not pass and the President sign into law legislation funding the Judiciary’s operations by October 20, 2025, the Judiciary will be unable to continue paid operations. In that case, the Bankruptcy Court for the Eastern District of Wisconsin will curtail its operations to avoid violating the Antideficiency Act, including specifically 31 U.S.C. §1342’s prohibition on federal officers employing personnel to perform services exceeding those authorized by law. The court will continue operations as necessary to perform activities excepted from the Act’s prohibitions, including remaining open for commencing new cases and proceedings, filing documents in open matters, and adjudicating matters for which the passing of a statutory deadline might have adverse effects or for which a lack of adjudication would threaten the safety of human life or the protection of property.

The Bankruptcy Judges, who hold offices authorized by law, see 28 U.S.C. §§151–153, will continue to exercise their statutory authority, including regularly reviewing their dockets, but, as a result of the Act’s limitations on the employment of staff, the Judges will limit hearings as necessary to comply with the Act, adjourning hearings on some matters or delaying their scheduling until a time after the funding lapse is anticipated to end. Judges similarly will endeavor to attend promptly to matters that can be resolved in compliance with the Act and will hold other matters for review after Congress restores funding. Because the court will be short-staffed until funding is restored, telephone calls to chambers may not be answered immediately, but each judge expects to maintain sufficient staffing to ensure that voicemails are reviewed daily, most likely at least once in the morning and once in the afternoon.

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