Joel R. Glucksman
Partner
201-896-7095 jglucksman@sh-law.comFirm Insights
What Does the Government Shutdown Mean for Bankruptcy Courts?
Author: Joel R. Glucksman
Date: October 11, 2013
Key Contacts
Back
Several high-profile bankruptcy law cases are currently being deliberated across the country, ranging from Detroit’s historic Chapter 9 municipal bankruptcy to any number of large corporate filings. In light of the Oct. 1 government shutdown however – the first since 1996 – consumers, businesses, and third parties alike are wondering how the court system will be affected and whether landmark cases will be allowed to proceed.
The U.S. federal courts have announced that they will continue to hear cases without interruption, despite the government shutdown, albeit with more frugality in mind. The Administrative Office of the U.S. Courts reports that the courts will rely heavily upon fee revenues and funds from appropriations that aren’t expiring, in order to allow them to work without delays. The Justice Department noted that its attorneys also plan to postpone non-critical civil matters until the government resumes operations. These steps will enable the courts to function efficiently until Oct. 15. After that, however, full functioning of the legal system may become dicier.
In the Bankruptcy Courts, specifically, judges will continue to hear cases, and attorneys, clerks, and staffers will maintain their responsibilities. Due to a Constitutional provision, judges are automatically entitled to their salaries until Oct. 15, but must obtain authorization from the Secretary of the Treasury if the shutdown continues past this date. With regard to clerks and staffers, however, judges will be permitted to retain employees that are “essential to the resolution of cases.” However, these workers may not be paid until after the shutdown ends.
As each court will have some measure of discretion to determine which personnel will stay on during this period, it is unlikely that bankruptcy law cases whose outcomes may have a large impact on the economy will feel the heavy effects of the shutdown.
- Practices: Corporate Transactions & Business, Bankruptcy & Creditors' Rights, Bankruptcy Litigation
- Locations: Red Bank, NJ, New York City, Little Falls, NJ
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Related Posts
See all
Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand
Owning a residential rental property in New Jersey involves more than finding tenants and collecting rent. Property owners must comply with a combination of state laws, municipal ordinances, building and housing codes, and zoning and land use regulations. These requirements can affect everything from the number of dwelling units permitted at a property to whether […]
Author: Donald M. Pepe
Real Estate Litigation Explained: Top 5 Disputes and How to Avoid Them
The five most common real estate disputes are breach of contract claims, landlord-tenant conflicts, zoning and land use disagreements, construction claims, and boundary disputes. Understanding why each arises, and taking preventive steps early, can help property owners, tenants, developers, and investors avoid costly litigation. Key Takeaways: Real estate transactions are complex endeavors involving numerous parties […]
Author: Paul Grossman
When a Child Turns 18: The Gap in Your Family’s Estate Plan
Once a child turns 18, parents lose the automatic legal authority to make medical and financial decisions on their behalf, even if the child still lives at home or remains on the family’s insurance. Three documents close that gap: a durable power of attorney, a health care proxy or directive, and a HIPAA authorization. For […]
Author: George McGowan
Business Mediation: An Overview and Practical Tips
Business mediation is a confidential, voluntary process in which a neutral third party helps companies negotiate a resolution to a commercial dispute without going to trial. Because working with a mediator is very different from litigating in the courtroom, it is important to understand how commercial mediation works, when it makes sense for your dispute, […]
Author: Paul Grossman
Top 5 Causes Leading to Construction Defect Litigation
The five most common causes of construction defect litigation are design defects, substandard materials, workmanship defects, code violations, and subsurface defects. Because these flaws can compromise a building’s integrity, functionality, or safety, they frequently lead to disputes involving multiple parties and high financial stakes. Key takeaways: What is Construction Defect Litigation? Construction litigation is complex, […]
Author: Paul Grossman
How to Protect Your New Jersey Business When Going through a Divorce
The most effective ways to protect your business in a divorce are put in place before one begins: a prenuptial or postnuptial agreement, clean separation of business and personal finances, and divorce contingencies built into your operating or buy-sell agreements. If divorce is already underway, the priorities shift to establishing how the business is classified […]
Author: Jay McDaniel
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.