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Ellen
Ellen, Attorney
Category: Bankruptcy Law
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Experience:  Bankruptcy Lawyer. Experienced.
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Banruptcy -- I have three ongoing Chapter 11 case, My question

Resolved Question:

Banruptcy -- I have three ongoing Chapter 11 case, My question is if the Judge residing over my cases is named in a Adverser Proceeding of Mine in one case. Also the Proceeding is very sound and not frivilous. Does the Judge have to disqualify himself for all my cases?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 7 years ago.
Hello,

YES. The judge should automatically recuse himself due to conflict of interest and personal involvement. If he does not, you will need to file a motion to request that he recuses himself.
Ellen and 3 other Bankruptcy Law Specialists are ready to help you
Customer: replied 7 years ago.
<p>The Judge did not recuse himself and I (I being Myself and The Unsecured Crediotrs) did file a motion requesting he recuse. </p><p> </p><p>However in my motion I said he must and if he did not I will file and application to the District court for a "Wirt of Mandamus"</p><p> </p><p>Infact see the text below which I included in my Motion as the finaly comment. Well that must of upset the Judge and he pratically taunted me in court, saying I am not responding to your motion go ahead and file your "Writ of Mandamus " and see what Happens!   My question is is there any other inforcement or oversight agency I could get involved, or a quicker way to force him to recurse. Ffiling the writ application is going to take a while.   check out the case if you like xxx it is one of several with assets in the millions.</p><p> </p><p> </p><p>"As a result and in the event of your non-cooperation the UC have joined the Debtor in submitting an application to the Honorable Judge xxx xxx, for a Writ of Mandamus to compel your Honor's recusal and the US Trustee to provide the unsecured creditors class their rights under the law in a Chapter 11 and Chapter 7 case"</p>
Expert:  Ellen replied 7 years ago.
Hello,

You can report the judge to the Commission on Judicial Conduct - click here.

Customer: replied 7 years ago.

I Think the Commission on Judicial Conduct is State Courts, This is federal court. I wonder how long a complaint take to process.

 

Expert:  Ellen replied 7 years ago.

You are correct. Here is the proper link - click here.

I do not know how long a complaint would take.
Customer: replied 7 years ago.

Ok Thanks I will give it a try.

 

Just one more follow up, How could I find the most agressive debtor attonrey. That specializes in coming in and breaking up the tight relationships that develop in these smaller bankrupcy courts over the years.

I always seem to be on the outside of the club and I am being persued by a single creditor that of course is a club member.

 

They would have to be some distance from my area and probally not care to come back.

 

Do they have publications were Bankruptcy attorneys discuss situations etc? were I could see who might be fit the bill.

 

 

Expert:  Ellen replied 7 years ago.
Hello,

Consider retaining a bankruptcy attorney that is also a bankruptcy trustee in a local bankruptcy court.
Customer: replied 7 years ago.

Did I pay for these last Questions ? ( yesterday)

 

Expert:  Ellen replied 7 years ago.
Hello,

No you did not. Thanks for checking.
Ellen and 3 other Bankruptcy Law Specialists are ready to help you
Expert:  Ellen replied 7 years ago.
Thank you.
Customer: replied 7 years ago.

I have another question, Not sure if I sould use reply or statrt a new questions?

 

Can a Bankruptcy Judge dismiss a chapter 11 case at a hearing, from the Bench in a Verbal order without any mention to when the order can be executed(ie Immediate or under rule 62 after 10 days stay). Also the Judge has no intention to file a written order to memorialize the verbal order.

 

Thereby creditors just after the Hearing start executing state court remedies, such as order to show cause etc.

Expert:  Ellen replied 7 years ago.
sorry to hear you are still having problems. Unfortunately a Judge can dismiss a bankruptcy at a hearing with a verbal order. If the judge did not specify the effective date of the order it is immediate.
Customer: replied 7 years ago.

I was looking at rule 62 federal law, it is a automatic 10 days stay on Judgments and I beleve orders unless order other wise

.

Do you think this would apply ?

 

 

Expert:  Ellen replied 7 years ago.
I don't think rule 62 applies. The bankruptcy rules of procedure govern. Here is the link:
http://www.law.cornell.edu/rules/frbp/rules.htm



Ellen and 3 other Bankruptcy Law Specialists are ready to help you
Customer: replied 7 years ago.

Thanks sorry for the delay I have been busy fighting the wolves