Question 1

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

Accepted Answer

Bankruptcy judges in the United States do not have lifetime appointments; they are appointed for a term of 14 years, unlike Article III federal judges who have lifetime appointments.

Question 2

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

Accepted Answer

Bankruptcy judges are appointed by the U.S. court of appeals for their respective circuits, not by the President, and they do not require Senate confirmation.

Question 3

Bankruptcy judges serve _______.

Accepted Answer

Bankruptcy judges in the United States serve 14-year terms, distinguishing their tenure from other types of federal judges, such as those on the Supreme Court who have lifetime appointments, or other federal judges who have different term lengths.

Question 4

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

Accepted Answer

In core proceedings, bankruptcy courts have exclusive jurisdiction, meaning they can make final judgments on these matters. Non-core proceedings, on the other hand, are related to the bankruptcy case but do not fall under the bankruptcy court's exclusive jurisdiction. For the bankruptcy court to make a final decision in non-core proceedings, both parties involved must consent to the bankruptcy court's jurisdiction.

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.

Accepted Answer

The requirement for Continuing Legal Education (CLE) credits, including the specific number of credits and the time frame for completion, can vary significantly by jurisdiction and is not universally set at 12 credits every three years for bankruptcy law practice.

Question 6

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

Accepted Answer

The Federal Rules of Bankruptcy Procedure supplement the Federal Rules of Civil Procedure in bankruptcy cases, rather than overruling them. They are specifically designed to address the unique aspects of bankruptcy proceedings.

Question 7

Federal court has jurisdiction when:

Accepted Answer

Federal courts have jurisdiction in cases involving federal questions, disputes over $75,000, and when there is diversity of citizenship among the parties involved.

Question 8

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

Accepted Answer

Accessing documents via PACER (Public Access to Court Electronic Records) incurs a fee for all users, including law firms and paralegals, except in certain circumstances where fees are waived.

Question 9

What is the Supremacy Clause?

Accepted Answer

The answer of What is the Supremacy Clause?...

Question 10

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

Accepted Answer

The answer of What are the requirements for a case...

Question 11

How are bankruptcy judges chosen?

Accepted Answer

The answer of How are bankruptcy judges chosen?...

Question 12

What is CM/ECF and PACER.

Accepted Answer

The answer of What is CM/ECF and PACER....

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