608 Mabry Hood Road, Suite 202 | Knoxville, Tennessee 37932
Wanted: more bankruptcy judges
For many consumers and businesses looking for relief from crushing debts, bankruptcy is a necessary process. However, the process can be complex, lengthy and discouraging, especially when bankruptcy judges are at premium and carry overwhelming workloads. Frustration only mounts for those in need of help.
According to a bipartisan group of U.S. senators, permanent temporary bankruptcy judge positions are set to expire. They have introduced The Bankruptcy Judgeship Act of 2017 to prevent any shortfalls.
Last year, the same group proposed similar legislative action, but no action was taken.
The bill would make temporary judgeships permanent in Delaware, Florida, Maryland, Michigan, Nevada, North Carolina, Puerto Rico, Tennessee, and Virginia. Additionally six permanent judges would be added with two each in Delaware, Michigan, and Florida.
The lawmakers want Congress to act quickly to prevent busy courts in nine districts from being besieged with more cases than they can handle. The bill would ensure that bankruptcy judges will not be left with what they fear are “crushing caseloads” that restrict timely access to bankruptcy courts for consumers and businesses.
The retirement of one temporary bankruptcy judge alone had severe repercussions. Remaining judges had to collaborate to balance caseloads to ensure prompt hearing of cases.
A 2016 Annual Report of the Administrative Office of the U.S. Courts (AOUSC) count 349 judges authorized and funded, including 33 temporary jurists. The study also shows that bankruptcy petitions are in decline, dropping six percent nationwide year after year. Last year saw 805,000 filings.
Specific data includes:
Since Chapter 11 business filings require the most court resources, a lack of judges would create a significant backlog in cases. Delaware in particular is well known for many Chapter 11 cases.
Thank you. Your submission has been sent.
608 Mabry Hood Road, Suite 202
Knoxville, Tennessee 37932
William E. Maddox, Jr. LLC, Attorney at Law is located in Knoxville, TN and serves clients in and around Knoxville, Oak Ridge, Louisville and Anderson County.
Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. [ Site Map ]
Martindale-Hubbell and martindale.com are registered trademarks; AV, BV, AV Preeminent and BV Distinguished are registered certification marks; Lawyers.com and the Martindale-Hubbell Peer Review Rated Icon are service marks; and Martindale-Hubbell Peer Review Ratings are trademarks of MH Sub I, LLC, used under license. Other products and services may be trademarks or registered trademarks of their respective companies. Copyright © 2021 MH Sub I, LLC. All rights reserved.