This article is intended to provide the practitioner with an understanding of some of the considerations and circumstances which have helped define the extent of power of Bankruptcy Judges. Many of these considerations are unarticulated. It is the thesis of this article that in the Bankruptcy Reform Act of 1978, Congress established two principles, difficult at first glance to reconcile. On one hand, Congress has now increased the powers of Bankruptcy Judges in most respects. But on the other hand, Congress severely restricted the extent to which judges may properly become involved in those portions of bankruptcy cases which are administrative and which were traditionally regarded by the Bankruptcy Judges as critically important. This article suggests that the Bankruptcy Judges have resolved this apparent dichotomy by stretching the interpretations of the laws expanding their powers generally in order to include an extension of their rights to continue to be involved in administration.
Richard L. Levine,
An Enhanced Conception of the Bankruptcy Judge: From Case Administrator to Unbiased Adjudicator,
W. Va. L. Rev.
Available at: https://researchrepository.wvu.edu/wvlr/vol84/iss3/4