Tag: judge

Who Will Be the Next Bankruptcy Judge in Rochester?

At the end of the year, Judge John C. Ninfo II, who has been presiding over the bankruptcy court in Rochester since 1992, will be retiring. The Second Circuit Court of Appeals has been interviewing candidates to replace Judge Ninfo since early this fall.

However, since the Second Circuit has not made its selection so far, the Bankruptcy Court for the Western District of New York has established a contingency plan for January and February 2012. The Hon. Michael Kaplan, one of the two Buffalo bankruptcy judges, will be coming to Rochester and Watkins Glen to preside over motions and hearings.

The administrative order posted on the Court’s Website states that the motion calendars for Rochester in January and February will be held on Fridays rather than Wednesdays, but will not be changed otherwise. Since Judge Ninfo has presided over the bankruptcy court in Rochester for the last 20 years, Judge Kaplan may represent a significant change and Rochester bankruptcy lawyers will have to learn about his approach to bankruptcy cases and judicial philosophy.

If you are contemplating filing Chapter 7 Bankruptcy or Chapter 13 Bankruptcy, or are dealing with debt problems in Western New York, including Rochester, Canandaigua, Brighton, Pittsford, Penfield, Perinton, Fairport, Webster, Victor, Farmington, Greece, Gates, Hilton, Parma, Brockport, Spencerport, LeRoy, Chili, Churchville, Monroe County, Ontario County, Wayne County, Orleans County, Livingston County, and being harassed by bill collectors, and would like to know more about how bankruptcy may be able to help you, contact me today by phone or email to schedule a FREE initial consultation with a Rochester, NY, bankruptcy lawyer.

Do Debtors Meet Bankruptcy Judge During Their Chapter 7 Bankruptcy?

I am often asked whether the debtors here in Rochester will get to meet the Bankruptcy Court Judge during their 341 meeting, otherwise known as the meeting of the creditors.  My usual response to this question is no, since the bankruptcy court judges are barred by law from attending the meeting of the creditors.

While the meeting of creditors is open and the public can attend it, the bankruptcy judge assigned to the case may not do so. While it seems counterintuitive, the reasons for this is to avoid any perception of bias on the part of the judge. Prior to 1979, when the current version of the bankruptcy code became effective, a bankruptcy court judge was able to attend the meeting of creditors.  However, the Congress decided that it was necessary to prohibit judges from attending the meeting.

Accordingly, Bankruptcy Code section 341(c) provides that “the court may not preside at, and may not attend, any meeting under this section.” Although the local meeting of creditors is held in the Rochester Federal Courthouse, it is not a court hearing and the trustee presiding over the meeting is not a judicial officer.  I tell the debtors that in most Chapter 7 consumer bankruptcy cases, the debtor will never appear before the judge assigned to the case.

If I am asked the same question about the Chapter 13 bankruptcy case, my answer will be the opposite since as a part of any Chapter 13 bankruptcy, the debtors will have to attend a confirmation hearing which, in Rochester, will be presided by Judge Ninfo.

If you contemplating filing Chapter 7 Bankruptcy or Chapter 13 Bankruptcy, or are dealing with debt problems in Western New York, including Rochester, Canandaigua, Brighton, Pittsford, Penfield, Perinton, Fairport, Webster, Victor, Farmington, Greece, Gates, Hilton, Parma, Brockport, Spencerport, LeRoy, Chili, Churchville, Monroe County, Ontario County, Wayne County, Orleans County, Livingston County, and being harassed by bill collectors, and would like to know more about how bankruptcy may be able to help you, contact me today by phone or email to schedule a FREE initial consultation with a Rochester, New York, bankruptcy lawyer.