Bankruptcy judge

A bankruptcy judge in the United States is a federal judicial officer who presides over a bankruptcy court. Bankruptcy judges are officers of the district court in which their bankruptcy court is located, but do not have the full power of district court judges.[1] As of 2023, there were 298 bankruptcy judges in authorized positions along with 26 retired bankruptcy judges who had been recalled to service.[2]

Unlike Article III judges, bankruptcy judges do not serve lifetime appointments and are not approved by Congress. Instead, they are appointed to 14-year terms by the relevant circuit court of appeals.[3] Each circuit follows a different selection process, which is typically merit-based.[1] The circuit court's selections are made from a list prepared by the judicial council of the circuit.[4]

The degree of authority of a bankruptcy judge varies depending on the nature of the matter. If a dispute between the parties relates to a core matter of bankruptcy, then the bankruptcy judge can issue a final ruling. If the dispute relates to a non-core matter, then the bankruptcy judge can hear the dispute and issue findings of fact and conclusions of law, but these are subject to de novo review by a district judge. A bankruptcy judge also does not have access to the full range of case management tools held by a district court judge, and is for example unable to appoint a special master in complex cases.[5]

Bankruptcy judges are represented by the National Conference of Bankruptcy Judges.

  1. ^ a b Gargotta, Craig A. (April 2018). "Who Are Bankruptcy Judges and How Did They Become Federal Judges?" (PDF). The Federal Lawyer. pp. 11–12.
  2. ^ "Status of Bankruptcy Judgeships". Judicial Business 2023. Administrative Office of the U.S. Courts. Retrieved 2024-11-14.
  3. ^ Black's Law Dictionary (8th ed.). p. 857. ISBN 0314151990.
  4. ^ Murnane, M. Susan (2015). Bankruptcy in an Industrial Society: A History of the Bankruptcy Court for the Northern District of Ohio. University of Akron Press. p. 237. ISBN 9781937378813.
  5. ^ Hirsh, Merril; Maye, Sylvia (2022). "It Is Way Past Time to Allow Bankruptcy Judges to Use Court-Appointed "Masters"" (PDF). The Judges' Journal. 61 (4). American Bar Association.