It sometimes comes as a big surprise when I tell my clients what to expect in their Oakland bankruptcy case and I never even mention a judge. “What a minute! When do we explain our situation to the bankruptcy judge?” they’ll ask. “Never,” is my reply, “or at least almost never.”
Seems kind of like taking a red-eye from San Francisco to New York only to find upon landing that there was no pilot in the cockpit, doesn’t it? Why don’t debtors usually have to tell their story to the judge? The answer, I think, is pretty slick. Gives me confidence that the bankruptcy system has its priorities straight most of the time.
Bankruptcy is actually a constitutional right–or at the very least bankruptcy is discussed in the United States Constitution. The Constitution says that Congress was supposed to set up laws that provided for a uniform system of bankruptcy throughout the states. Congress did that. By setting up the laws, Congress intended to provide a way for the honest but unfortunate debtor to get out from underneath the crushing burden of debt and start over financially. And they wanted the system to work as automatically as possible.
One way they did this is to make it so that honest people who filed for bankruptcy whether in Oakland or San Francisco or San Diego or Tallahassee would be entitled to a “discharge” of their debts as long as they jumped through the right hoops and provided the right information at the right time. In other words, if you do everything you’re supposed to do in your bankruptcy case–and you’re an honest person–you are entitled to a discharge–you have a right to have your debts get wiped out.
Since that’s the case, there’s really no need for a bankruptcy judge even to get involved unless it’s absolutely necessary. And that’s the reality: you rarely see a bankruptcy judge unless something unusual pops up in your case. Nothing unusual means you’ll never even see a judge. Once the required amount of time has passed, and assuming you or your experienced bankruptcy attorney has dotted all your “i”s and crossed all your “t”s, a computer in the clerk’s office generates a discharge order, the clerk mails it out to you–and you are debt free!
Always talk with an experienced bankruptcy attorney about your options and your questions. If you’re in the Oakland area, keep in mind that there are a lot of friendly and capable bankruptcy attorneys. If you can’t come to Alameda to meet with James Pixton, give him a call and let him recommend the best bankruptcy attorney your area to help you out. His number is (510) 451-6200.
