No. But there is a bit of truth to what you said. The BAPCPA (the new 2005 bankruptcy laws) changed some qualifications about who can file for which type of bankruptcy and added some requirements and restrictions to the process. It did not change the powers of bankruptcy judges to any great extent. The closest point in bankruptcy that involves a judge deciding who gets paid back involves the confirmation of a Chapter 13 plan. In a Chapter 13 bankruptcy credditors are broken up into classes and the Debtor makes monthly payment to the bankruptcy trustee "through the plan" which are distributed to the various creditors in amounts based upons how much is oswed and of what class the creditor belongs to. While the jusge needs to approve the plan this is typically negotiated with the trustee in advance and if there is a plan without objection it will (almost) always get approved. If the Debtor and the trustee are unable to agree on numbers then the issue would be decided by the judge. The numbers to be decided are typically the reasonable monthly expenses, which were half of the disposable income formula: income - expenses = disposable income. It mad a lot of sense. But BAPCPA did add a section mandating the use of a formula involving not the Debtor's actual expenses, but IRS standard exemption numbers for debtor's with above the median income level. This has led to some people paying less than the would have under the old system, although the change isn't really letting the judge just pick and choose who you pay.
Answered on Aug 25th, 2012 at 1:38 AM