Civil Litigation,
Criminal,
Bankruptcy
Dec. 10, 2018
Are bankruptcy criminal referrals sad or not sad?
In non-bankruptcy civil cases, Congress has not told Article III federal judges what to do. In bankruptcy cases, Congress certainly did tell bankruptcy judges (if not all federal judges) what to do.
Leonard L. Gumport
Shareholder
Gumport Law Firm, PC
Email: lgumport@gumportlaw.com
Leonard is a litigator and mediator, and has served as a trustee, examiner, and provisional director.
When a party or witness commits perjury in a civil case in federal court, does the judge have a statutory duty to make a criminal referral? In non-bankruptcy civil cases, Congress has not told Article III federal judges what to do. In bankruptcy cases, Congress certainly did tell bankruptcy judges (if not all federal judges) what to do. As a result, the statutory criminal referral duties of judges presiding in federal civil cases are different in bankruptcy and non-ba...
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