involve a plan of reorganization of the debtor’s liabilities, which must be voted on by creditors and approved by a bankruptcy judge. In all cases, no matter what chapter, a “meeting of creditors” must be held, usually from 20 to 40 days after a bankruptcy petition is filed. The debtor must attend this meeting, at which creditors may ask questions regarding the debtor’s financial affairs and the extent of the debtor’s holdings. A trustee, not a bankruptcy judge, presides over this hearing. There are several types of bankruptcy proceedings that may interest journalists. The first is a hearing on first day orders, which are sometimes held in Chapter 11 cases. At this hearing, a bankruptcy judge is asked to approve important matters that determine how the debtor will operate while the case is pending. Another hearing in a Chapter 11 case is held for confirmation of the debtor’s plan of reorganization. During this hearing, the debtor’s lawyer attempts to obtain the judge’s approval of the plan, and creditors have a chance to present their objections to the plan. Still another proceeding of interest is an adversary hearing – something of a mini-trial involving a particular issue related to the main bankruptcy case. Adversary proceedings can focus, among other things, on requests for injunctions, environmental issues, and fraud on the part of the debtor. Appeals of a bankruptcy judge’s rulings can be made to the district court, or, in certain circuits, to a bankruptcy appellate panel composed of three bankruptcy judges. Further appeals to the court of appeals and the Supreme Court are then available. If certain statutory requirements are met, the court of appeals also has jurisdiction to authorize a direct appeal from a bankruptcy judge’s ruling to the court of appeals. Bankruptcy court records are available online through the PACER system (www.pacer. gov) or through each court’s web site, accessible through http://www.uscourts.gov. The court web sites also contain local rules, practice preferences of individual judges, and other useful information.
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A Journalist’s Guide to the Federal Courts