Written by Craig D. Robins, Esq.
These days bankruptcy judges are very overworked. The number of bankruptcy filings in recent years has skyrocketed; yet, Congress has not added any new bankruptcy judges since 1992.
In addition, the Bankruptcy Amendment Act of 2005 made bankruptcy law much more complex and created numerous issues that continue to be actively litigated today, taking up the court’s valuable time. The new bankruptcy laws not only make the filing experience more time consuming for debtors, but they also require the court to spend more time ensuring compliance as a result of the increased complexity of the new laws.
One of the organizations that I am a member of is the National Association of Consumer Bankruptcy Attorneys (NACBA). They are the only national organization dedicated to serving the needs of consumer bankruptcy attorneys and protecting the rights of consumer debtors in bankruptcy.
This morning, NACBA President Carey Ebert testified before the House Judiciary Subcommittee on Commercial and Administrative Law on the need for additional bankruptcy judgeships. She advised Congress that the number of bankruptcy cases are increasing, but the number of judges has remained the same. The bulging bankruptcy caseloads from consumers seeking financial relief in these recessionary times will soon start putting a serious strain on the bankruptcy courts.
Judicial resources such as having a sufficient number of bankruptcy judges are necessary to effectively and efficiently adjudicate the rights and responsibilities of parties in bankruptcy cases and proceedings.