Getting to Know Your Bankruptcy Judge
If knowledge is power, then learning as much as possible about the bankruptcy proceeding can only help you make a more informed decision and have a better chance of success.
Getting to know the players involved in the bankruptcy process is important, and you may be wondering what to expect from your federal bankruptcy judge if you decide to file.
You may be surprised to learn that in most cases the consumer doesn't actually meet with the judge.
This is different from a typical criminal case or civil lawsuit where you would have a judge and a jury.
Instead, you and your lawyer will most likely deal with a case trustee who represents the creditors.
In some cases, the creditors themselves can appear at your hearing, but in most cases they leave this up to the trustee.
The trustee, by the way, is responsible for representing the creditors in a Chapter 7 proceeding and liquidating any assets that are not exempt in order to pay off some of your debt.
If a dispute cannot be resolved in the usual methods, then the judge can be called in to render a decision.
So even though you probably won't be dealing with a bankruptcy judge, it still helps to know a little about this branch of the federal court system.
Bankruptcy judges are appointed by the federal courts for a 14 year term, not for life like their counterparts are in the US District courts.
Also, other federal judges and ultimately appellate courts (all the way to the Supreme Court of the United States) may review these decisions from time to time.
Are they fair and objective? Well, it seems that for the most part they are, but everyone is only human and can make mistakes, of course.
Also, there has been a trend in recent years in which the credit industry has lobbied against certain judges for allegedly being too kind to debtors.
In other words, they may not be reappointed for another 14 year term if they are seen as being too kind to you.
We hope this does not become a greater trend that will hurt American consumers in the long run.
Getting to know the players involved in the bankruptcy process is important, and you may be wondering what to expect from your federal bankruptcy judge if you decide to file.
You may be surprised to learn that in most cases the consumer doesn't actually meet with the judge.
This is different from a typical criminal case or civil lawsuit where you would have a judge and a jury.
Instead, you and your lawyer will most likely deal with a case trustee who represents the creditors.
In some cases, the creditors themselves can appear at your hearing, but in most cases they leave this up to the trustee.
The trustee, by the way, is responsible for representing the creditors in a Chapter 7 proceeding and liquidating any assets that are not exempt in order to pay off some of your debt.
If a dispute cannot be resolved in the usual methods, then the judge can be called in to render a decision.
So even though you probably won't be dealing with a bankruptcy judge, it still helps to know a little about this branch of the federal court system.
Bankruptcy judges are appointed by the federal courts for a 14 year term, not for life like their counterparts are in the US District courts.
Also, other federal judges and ultimately appellate courts (all the way to the Supreme Court of the United States) may review these decisions from time to time.
Are they fair and objective? Well, it seems that for the most part they are, but everyone is only human and can make mistakes, of course.
Also, there has been a trend in recent years in which the credit industry has lobbied against certain judges for allegedly being too kind to debtors.
In other words, they may not be reappointed for another 14 year term if they are seen as being too kind to you.
We hope this does not become a greater trend that will hurt American consumers in the long run.