Raleigh Bankruptcy

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The Bankruptcy Judge

The bankruptcy judge is the federal judicial officer with decision making authority in bankruptcy cases. The bankruptcy court and its judges are created under Article I of the United States Constitution. Bankruptcy is a federal, not a state, process.

The United States Bankruptcy Courts are units of the federal district court, which has original and exclusive jurisdiction over bankruptcy case. The district courts delegate initial decision making authority to the bankruptcy courts generally through “standing orders of reference.”

Unlike United States District Court Judges, who serve for life, bankruptcy judges are appointed for a term of 14 years.

Appeals from decisions of the bankruptcy court are generally first appealed to the federal district court which referred the case to the bankruptcy court through the standing order of reference.