Although they are not Article III judges, bankruptcy judges may, in certain instances, have jurisdiction over a broad range of proceedings in a personal or business bankruptcy case. Bankruptcy judges are appointed for terms by the Court of Appeals. Appeals from the Bankruptcy Court are to the United States District Court. The Federal Rules of Bankruptcy as well as the Federal Rules of Civil Procedure are used in Bankruptcy Court. Part of the court practice centers around the approval of debtor reorganization plans.
Motion practice occurs daily.
Trial issues concerning fraudulent conveyances, and preferences under state and federal law, creditor's complaints to except a debt from discharge or to deny a discharge in bankruptcy, and objections by parties to a bankruptcy reorganization plan, constitute the bulk of trial matters. Students in this placement have a unique opportunity to develop expertise in a specialized area of the law while gaining important experience applicable for judicial clerkships and litigation practice. The Bankruptcy Court provides excellent practical training in such varied subject areas as civil procedure, secured transactions, corporate law, torts, and constitutional law. Depending on the requirements of the individual judge, students may be given the opportunity to draft opinions, as well as prepare internal memoranda. Students will have ample opportunity to work with Westlaw research system and develop important legal writing skills.