Filing For Bankruptcy? Know Your Bankruptcy Judge


When you have made the decision to file for bankruptcy, you know that the more you know about the process, the better the odds for your petition to be successful. It is essential that you learn everything about the process that you can - what you should do, whom you should inform, who are the people involved, what is the bankruptcy judge likely to do, how long the process would take and what is your status if your petition is successful.

Although the bankruptcy judge is one person you are least likely to meet during the proceedings, it is a good idea to know your bankruptcy judge as a part of the information gathering process to help you with your case.

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Getting to know your bankruptcy judge is difficult as you will be dealing with a trustee appointed by the court rather than have courtroom proceedings where you may appear before a judge and jury. A consumer who files for bankruptcy will see the judge only if normal methods to resolve the dispute between you and your creditors fail. You will probably accompany you lawyer in your meeting with the trustee who may also double as the representative of the creditors in case they prefer to leave the negotiations to him.

Although it falls within the ambit of a trustee's responsibilities to represent the creditors and ensure the liquidation of any nonexempt assets that you may possess to pay off the creditors in Chapter 7 bankruptcy proceedings, in some cases, you may meet with the creditors to resolve the dispute.

If you case is one of the few that cannot be resolved by the court-appointed trustee, then the decision rests with the bankruptcy judge. This is where it helps to know your bankruptcy judge - you may decide whether the case should be resolved by the trustee or whether leaving it up to the judge is likely to be beneficial for you case.

Of course, the decisions made by the bankruptcy judges may come under the review of other judges in the federal system and appellate courts including the Supreme Court, but for the most part, the decisions are impartial and objective. Like in any other profession there is room for human error, but such instances of erroneous decisions may be few and far between.

Some judges are perceived by the credit industry as being firmly on the debtor's side of the dispute. So if you know your bankruptcy judge can have a great bearing on how your case is resolved and you must make sure to do the homework before you file for bankruptcy.


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