Can I ask for a new judge in my bankruptcy case?

Full question:

A Judge in a chapter 7 Bankruptcy case, have refused to hear a Docketed MOTION, filed as pro-se, the case is open and the MOTION is docketed, Judge says in an E-mail reply to me, I quote 'Mr. Hussain, there was no hearing on your case on 8/1/11, and there are no hearing pending in the Bankruptcy court, I noticed you have an appeal in your case , you might want to check the District Court.' This appeal is for an entirely different matter, irrelevant to this new MOTION ,What is my legal recourse ? Am I right in thinking that the Judge is denying me the due process of law and therefore violating my CIVIL and CONSTITUTIONAL RIGHTS? If so, where do I complaint? Any other suggestion. How do I report this to the press? The chapter 7 Trustee also does not reply to my allegations? When a MOTION is filed , does it requires the Trustee to answer the allegations against him? Chapter 7 Trustee did not submit any reply/answer of my filed MOTION. I need this MOTION to be heard, I know the Trustee is at fault here, and I will need the Trustee to pay me back.Can I ask the chief Judge to appoint a new Judge?

  • Category: Bankruptcy
  • Date:
  • State: New Jersey

Answer:

Unfortunately, we cannot give you an opinion or any suggestions about whether or not the judge and/or trustee acted properly in your case.

As we informed you in response to your question in July, it is possible to bring a claim against a trustee if you believe he/she did not handle any particular aspect of his/her responsibilities. You would bring your issue to the field supervisor for the Bankruptcy Court.

 

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

A motion to show cause in bankruptcy is a request made to the court asking a party to explain why they should not be held in contempt for failing to comply with a court order. It is typically used when a debtor or creditor believes that another party is not following the court's directives. The motion requires the party in question to appear before the court and justify their actions or inactions.