Deck 4: The Court System and the Bankruptcy Rules and Procedure

Question 1

Bankruptcy judges have lifetime appointments per Article III of the U.S. Constitution.

Answer 1

False

Question 2

Bankruptcy judges are appointed by the President of the United States through the "Appointments Clause," and are confirmed by the Senate.

Answer 2

False

Question 3

Bankruptcy judges serve _______.

A) 10-year terms.
B) 14 year-terms.
C) lifetime appointments.
D) depending on the election cycle.

Answer 3

14 year-terms.

Question 4

The difference between core and non-core proceedings is ________.

A) in core proceedings, the bankruptcy courts have exclusive jurisdiction, while BAPs have exclusive jurisdiction in non-core proceedings.
B) core proceedings are heard by the BAP, while the bankruptcy judge hears non-core proceedings.
C) bankruptcy courts have exclusive jurisdiction in core proceedings but non-core proceedings require both parties to agree to the bankruptcy court's jurisdiction.
D) None of the above.

Question 5

Local Rules require that an attorney take a minimum of 12 Continuing Legal Education (CLE) credits each three-year reporting period to practice bankruptcy law in their respective jurisdiction.

A) True.
B) False.
C) The 12-credit rule is only applicable to community property states.
D) The 12-credit rule is only applicable to common law states.

Question 6

The Federal Rules of Bankruptcy Procedure overrule the Federal Rules of Civil Procedure.

Question 7

Federal court has jurisdiction when:

A) There is a federal question or issue before the court.
B) If the dispute is for more than $75,000.
C) There is diversity of citizenship.
D) All of the above.

Question 8

Search for documents via PACER is free for law firms and paralegals.

Question 9

What is the Supremacy Clause?

Question 10

What are the requirements for a case to be heard in federal court?

Question 11

How are bankruptcy judges chosen?

Question 12

What is CM/ECF and PACER.