QUESTION
How long does a Federal Judge have to answer a Motion for Recusal?
Asked on Jul 23rd, 2013 on Bankruptcy - Florida
More details to this question:
I am acting Pro Se in an adversarial proceeding with regards to dischargeability of my student loans. It has been a long case and I will not go into detail here. Basically I have provided a strong case for hardship dismissal but the Judge was showing extreme bias toward the Defendants on one point. I filed a Motion for Recusal along with a Memorandum supporting the motion two months ago and have received nothing from the court since. How long does a Federal Judge have to respond to a Motion for Recusal? Additionally, if I file my 2013 Income Tax Return while the adversarial proceeding is stalled, can the government take it or do I need to file a motion asking for a stay? If I am understanding things correctly there is an automatic stay on it. My health is very bad and I really need that refund for medical tests.
2 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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If you entitled to a tax refund, it is a part of your bankruptcy estate, and the trustee may be able to take it to pay creditors. I am not aware of a time limit for a federal judge to make a ruling.
Answered on Aug 05th, 2013 at 10:46 PM
Trusts and Estates Attorney serving Jacksonville, FL
Partner at
Law Office of David M. Goldman PLLC
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The "Brunner Test" applies to student loan dischargeability in most jurisdictions. Did you meet the Brunner standard and have you exhausted all administrative remedies? You can usually research your judge's opinions on the bankruptcy court website.
Answered on Jul 25th, 2013 at 2:30 PM