How long does a federal judge have to rule on a motion? 7 Answers as of April 29, 2015

I initiated a lawsuit against my father on my mother's behalf. She is disabled. File filing for contempt of court for non-payment of alimony I discovered he cheated her of monthly insurance payments going back to 1997. To make a long story short, I won the case and I won the appeal. Within days of winning the appeal and although my father lives in FL as do I, he filed bankruptcy in NJ. I've been fighting his bankruptcy since 10/14. Unfortunately my Mom just broke her back in a fall on 3/27 ans is very ill. I'm $25,000 into this battle and in my 18th month. The decision on my Father's bankruptcy has been in the judges hands since 3/3/2015. The only motion the Judge is ruling on is whether what he owes my is a "property settlement" (as my Father listed on his bankruptcy) or a "DSO," Clearly we feel the monthly payment was in the nature of support. How long does it generally take a bankruptcy judge to rule on a motion or confirm or dismiss a bankruptcy?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
It is judge specific but most judges don't take longer than 2 to 3 months to write a ruling
Answer Applies to: New York
Replied: 4/29/2015
Ronald K. Nims LLC | Ronald K. Nims
Each judge has her/his own habits and it's difficult to speak to the speed of a judge outside of my personal experience. But as a general rule, you can expect a decision in this type of matter in anywhere from 2 weeks to 3 months. When I say "this type of matter", I mean a question that is often before bankruptcy judges and is, therefore, likely to have solid authority in his circuit. Challenges to divorce payments being dischargeable property settlements or undischargeable domestic support obligations are common and it's usually a matter of applying fairly clear law to the facts as presented to the court. In cases where the question is unique and the judge has to decide what the law is and then decide how the law applies to the facts, it could take significantly longer.
Answer Applies to: Ohio
Replied: 4/23/2015
Stephens Gourley & Bywater | David A. Stephens
As far as I know there is no standard or time requirement.
Answer Applies to: Nevada
Replied: 4/22/2015
Thomas Vogele & Associates, APC | Thomas A. Vogele
As you already undoubtedly know, support obligations such as you describe, are generally non-dischargeable an thus your judgment should remain enforceable post-discharge. I presume you have filed a claim in your father's bankruptcy case explaining the basis of the judgment and its non-dischargeability. If not, you need to work with a bankruptcy attorney to see if there is any basis to file a late claim. Given the non-dischargeability of your mother's judgment, there really is no need to dismiss your father's case. In fact, by allowing him to discharge his other debts, it improves your mother's chances of actually seeing a recovery. Again, always work with a competent bankruptcy lawyer. Good luck.
Answer Applies to: California
Replied: 4/22/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Hopefully it is not too late to file an adversary proceeding based on fraud. You have 60 days from the meeting of creditors to file that. As for how long it tales to rule there is no set time period. I have never had a judge take that long to rule on anything.
Answer Applies to: California
Replied: 4/22/2015
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    The amount of time a bankruptcy judge takes to rule on an issue depends on two factors - how busy the judge's caseload is and how complicated the issue is. This issue doesn't appear to be one that is unique and I would expect you would see a decision shortly.
    Answer Applies to: Nevada
    Replied: 4/22/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    There is no legal limit. But good judges try to get the work done timely. I assume that the Motion you speak of is a motion for summary judgment in an Adversary Proceeding. Anything more than ninety days after the last brief is in, or after oral argument if any is generally plenty of time. Why not ask your lawyer to send the judge a letter (w/copy to opposing counsel, of course), asking politely if he needs any further briefing or additional argument in order to be able to rule. Judges I know regard this as a polite way of saying 'hurry up.' Good Luck.
    Answer Applies to: Wisconsin
    Replied: 4/22/2015
Click to View More Answers: