PEG
09-23-2003, 07:59 AM
Who has authority over a district bankruptcy (chief) judge?
I feel the judge in my adversary proceeding has denied, or at least
indefinitely postponed my trial. At an in-chambers conference the month
before trial date he gave an opinion that we would proceed to trial to hear
evidence of certain facts. On trial date he refused to hear any of it, but
instead issued a totally opposite opinion (without explanation) and took it
on the papers to decide or to decide whether to proceed to trial. The
opinion he gave was totally opposed to any case law I could find, including
his own. In my opinion, it was just plain bizarre. To make matters worse he
was rude, arrogant, condescending and demeaning, for apparently no
reason...or none that he made known. It has been two months since that
'hearing' and I'm told that he has an indefinite period of time to answer.
I've motioned to request an expedited decision but received no reply to that
either. I truly feel his opinion was mistaken and not legally justified.
Since it was only an interim decision, I cannot even appeal. Or can I.
I am being seriously harmed by the delay and would like to at least bring
the matter to a higher authority, but don't know who to address. Can you
help?
Thanks!
I feel the judge in my adversary proceeding has denied, or at least
indefinitely postponed my trial. At an in-chambers conference the month
before trial date he gave an opinion that we would proceed to trial to hear
evidence of certain facts. On trial date he refused to hear any of it, but
instead issued a totally opposite opinion (without explanation) and took it
on the papers to decide or to decide whether to proceed to trial. The
opinion he gave was totally opposed to any case law I could find, including
his own. In my opinion, it was just plain bizarre. To make matters worse he
was rude, arrogant, condescending and demeaning, for apparently no
reason...or none that he made known. It has been two months since that
'hearing' and I'm told that he has an indefinite period of time to answer.
I've motioned to request an expedited decision but received no reply to that
either. I truly feel his opinion was mistaken and not legally justified.
Since it was only an interim decision, I cannot even appeal. Or can I.
I am being seriously harmed by the delay and would like to at least bring
the matter to a higher authority, but don't know who to address. Can you
help?
Thanks!
