What affect will Sonia Sotomayor have on bankruptcy court?
Yesterday Sonia Sotomayor was confirmed as a member of the Supreme Court. Whether you agreed or opposed her nomination, it’s a done deal now. So the question is what effect could Ms. Sotomayor’s ascension to the Supreme Court have on a the way bankruptcy laws are interpreted and therefore bankruptcy courts and procedure?
Bankruptcy cases rarely find their way into the Supreme Court, in fact this year there wasn’t a single bankruptcy case heard by the Supreme Court. It would seem that any effects Sotomayor will have on the bankruptcy court is minimal, but it’s something to be watched.
For starters Sonia Sotomayor is not that far to the left of Justice David Souter, who she is replacing, in fact she may be to the right of him politically. Furthermore, the only cases of Sotomayor is likely to influence are cases involving the ability or the right to contract. Specifically, balancing creditors rights against debtors rights and how far a contract is allowed to be modified in a bankruptcy case.
While she promises that she’s going to call it straight balls and strikes like Chief Justice John Roberts claims aspires to, Justice Sotomayor was selected by President Obama specifically because he wanted someone who is empathetic people, whatever that means.
The only real influence I could see in the change from Souter to Sotomayor is that she might be more willing to hold on behalf of the debtor getting relief in bankruptcy rather than enforcing a creditor’s contract. You can debate until you’re blue in the face whether or not this is a good thing, as an attorney, I tend to prefer John Roberts calling balls and strikes as a judge because it makes the law more efficient and it also makes a lot more predictable, but no one asked for my opinion when Justice Sotomayor was nominated.
It is also important to remember that Sonia Sotomayor is only one of nine justices and since she’s replacing the justice who is probably the most liberal judicially of the nine, it’s unlikely that she’s going to pull the court to the left. Any effect Sonya Sotomayor will have on the bankruptcy courts will probably be minimal, but only time will tell.
There is one thing that no Supreme Court justice can affect on the bankruptcy court and that’s your bankruptcy. The preparation your attorney does in your behalf will have far more influence than any Supreme Court case. If you are interested in discussing your case with an attorney who makes it his business to be prepared for everything please e-mail me at Jim@PAdebt911.com or call me at 484-661-2891 to schedule your free, no obligation consultation.
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