Bankruptcy Judge
Bankruptcy judge summary:
A bankruptcy judge is responsible for determining a debtor’s eligibility to file bankruptcy.
They hear bankruptcy cases and discharge eligible debts when the filer has met all the requirements of their case.
In the case of Chapter 13 bankruptcies, a bankruptcy judge has the discretion to dismiss a case if the filer stops making payments or doesn’t meet other requirements.
Bankruptcy judge definition and meaning
Bankruptcy judges are judicial officers of U.S. district courts who oversee bankruptcy cases within their district. The number of bankruptcy judgeships is set by Congress.
A bankruptcy judge has many jobs:
Look at bankruptcy petitions to make sure the debtor is eligible to file
Discharge (forgive) eligible debts when the person has met all the requirements of their case
Key concept: A bankruptcy judge is a court official. These judges have the authority to make decisions related to any aspect of a bankruptcy case. People who file for bankruptcy rarely meet the judge in person, but it's important to understand the role they play behind the scenes.
Key aspects of a bankruptcy judge's role
Much of what happens in a bankruptcy case is administrative. In a Chapter 7 case, for example, the judge appoints a bankruptcy trustee who acts as a go-between for the debtor (the person filing bankruptcy) and their creditors. It's the trustee's job to take inventory of the debtor’s assets, sell what they're legally allowed to sell, and distribute the money to creditors.
So what does a bankruptcy judge do? It's their duty to:
Review bankruptcy petitions to determine if the person is eligible to file
Approve repayment plans for debtors who file Chapter 13 bankruptcy
Mediate disputes between creditors and debtors. For example, if a creditor wants to continue trying to collect a debt after someone files for bankruptcy protection, they would need to ask the judge to lift (cancel) the automatic stay. That's a law that stops collections while the case is active. The judge must decide whether to grant or deny the request.
Rule on issues related to automatic stay violations, if applicable
Grant the final discharge of debts. Discharge means you're legally released from your responsibility to repay the debts in your petition.
A bankruptcy judge can also dismiss a case. Dismissal isn't the desired outcome. It means your case ended before any debts were discharged. Dismissal could happen for many reasons, including if you fail to pay your fees, fail to complete pre-bankruptcy counseling, or if the judge thinks you aren’t eligible for a discharge.
Chapter 7 bankruptcy judge
Chapter 7 bankruptcy makes it possible to eliminate certain debts so you no longer have to pay them. In a Chapter 7 case, the bankruptcy judge will:
Appoint a bankruptcy trustee to handle the administrative tasks of the case
Review your credit counseling certification, which is a requirement in a Chapter 7 case
Review other qualifications to make sure you're eligible for Chapter 7, including your means test
Hear any arguments raised by you or your creditors
Rule on motions brought by either side
Issue the final discharge, which could happen anywhere from three to six months after you initially filed your petition
You can't choose your bankruptcy judge in a Chapter 7 case. Which bankruptcy judge you’re assigned depends on where you filed your petition.
Chapter 13 bankruptcy judge
In a Chapter 13 bankruptcy, you agree to repay your debts over three or five years. In this type of case, it's the bankruptcy judge's responsibility to:
Review the details of your payment plan
Resolve any disputes or issues your creditors may raise with the payment plan
Approve your repayment plan
Issue a discharge of your case once the payment plan is complete
The bankruptcy judge also has the discretion to dismiss your Chapter 13 case if your payment plan doesn't meet the requirements of the court, or if you stop making the required payments to the plan. Similar to Chapter 7, you can't choose your judge. The judge is chosen for you based on where you file your bankruptcy petition.
Bankruptcy Judge FAQs
Can bankruptcy clear all debts?
While bankruptcy can eliminate many types of debts, there are some debts it won't get rid of.
For example, alimony and child support, tax debts, and court-ordered restitution can't be discharged in bankruptcy. It's possible to get student loans discharged through bankruptcy, but it's very difficult to do so.
What is the difference between Chapter 7 and Chapter 13 bankruptcy?
Chapter 7 bankruptcy requires you to give up some of your assets in exchange for forgiving your debts. This type of filing often makes sense for people who have large amounts of unsecured debts, such as credit cards or medical bills, that they can't afford to repay.
Chapter 13 lets you keep your assets but requires you to give up your disposable income (anything not needed for basic living) for several years. Your income must be under specific thresholds for you to be eligible to file Chapter 7. Your debt must be under specific thresholds to be eligible to file for Chapter 13.
How long does bankruptcy take?
Chapter 7 bankruptcy can usually be completed within six months. The actual time it takes you to receive a discharge is determined by the complexity of your case.
Chapter 13 bankruptcies take up to three years for people with lower incomes and five years for everyone else. Bankruptcies are public record, and any entity that pulls your credit report will know that you've filed.
Once you're out of bankruptcy you may be looking at another 12 to 18 months to begin to see a recovery in your credit scores.
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Bankruptcy might seem complicated, but under the right circumstances, it could be a straightforward way to get certain debts forgiven.
Chapter 7 can be a powerful solution for serious debt problems. It might be right for you—or not. Find out here.
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