Can I ask for a new judge in my bankruptcy case?
Full Question:
A Judge in a chapter 7 Bankruptcy case, have refused to hear a Docketed MOTION, filed as pro-se, the case is open and the MOTION is docketed, Judge says in an E-mail reply to me, I quote 'Mr. Hussain, there was no hearing on your case on 8/1/11, and there are no hearing pending in the Bankruptcy court, I noticed you have an appeal in your case , you might want to check the District Court.' This appeal is for an entirely different matter, irrelevant to this new MOTION ,What is my legal recourse ? Am I right in thinking that the Judge is denying me the due process of law and therefore violating my CIVIL and CONSTITUTIONAL RIGHTS? If so, where do I complaint? Any other suggestion. How do I report this to the press? The chapter 7 Trustee also does not reply to my allegations? When a MOTION is filed , does it requires the Trustee to answer the allegations against him? Chapter 7 Trustee did not submit any reply/answer of my filed MOTION. I need this MOTION to be heard, I know the Trustee is at fault here, and I will need the Trustee to pay me back.Can I ask the chief Judge to appoint a new Judge?
08/12/2011 |
Category: Bankruptcy |
State: New Jersey |
#25315
Answer:
Unfortunately, we cannot give you an opinion or any suggestions about whether or not the judge and/or trustee acted properly in your case.
As we informed you in response to your question in July, it is possible to bring a claim against a trustee if you believe he/she did not handle any particular aspect of his/her responsibilities. You would bring your issue to the field supervisor for the Bankruptcy Court.