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Bankruptcy courts do not have which of the following responsibilities?

a) appointing trustees, examiners and committees
b) supervising bankruptcy petitions
c) approving reorganization plans
d) conducting hearings and trials to resolve disputes

User Paleo
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2 Answers

4 votes

Final answer:

Bankruptcy courts are responsible for overseeing the bankruptcy process, including appointing committees, supervising petitions, approving plans, and conducting hearings. The U.S. Tax Court, Court of Appeals for Veterans Claims, and the Court of Appeals for the Armed Forces do not have full judicial power, thus do not align with bankruptcy court responsibilities.

Step-by-step explanation:

The question asks which responsibilities bankruptcy courts do not have. Bankruptcy courts are specialized courts that handle the bankruptcy process, including: a) appointing trustees, examiners, and committees, b) supervising bankruptcy petitions, c) approving reorganization plans, and d) conducting hearings and trials to resolve disputes. However, there are certain courts such as the Court of Appeals for Veterans Claims, the Court of Appeals for the Armed Forces, and the U.S. Tax Court which do not have full judicial power. These courts have very specialized functions and do not align with the broad scope of bankruptcy court responsibilities.

Bankruptcy courts are part of the federal court system and provide the necessary independence required for judicial functions. Their power, however, is confined to rulings on cases they decide to hear. When it comes to the legislative checks over the courts, the bankruptcy courts do not have the power to enforce laws or withhold funding to implement court decisions. These are powers given to the Congress as checks over the judiciary.

User Scott Severance
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3 votes

Final answer:

Bankruptcy courts have responsibilities including appointing trustees, supervising petitions, approving plans, and conducting hearings, but they do not have full judicial power, which is a limitation they share with certain other specialized federal courts.

Step-by-step explanation:

The question pertains to the responsibilities of bankruptcy courts, which are specialized courts within the U.S. federal judiciary system. Bankruptcy courts have several key responsibilities, including:

  • Appointing trustees, examiners, and committees to oversee the bankruptcy process.
  • Supervising bankruptcy petitions to ensure they comply with legal requirements.
  • Approving reorganization plans that outline how a debtor intends to manage and pay off obligations.
  • Conducting hearings and trials to resolve disputes related to the bankruptcy case.

Bankruptcy courts, however, do not have full judicial power like other federal courts. While they carry out specialized functions, their power is confined to matters related to bankruptcy cases only. The legislative branch has certain checks over the courts, such as requiring Senate approval for the appointment of justices and federal judges, and it may withhold funding needed to implement court decisions. In protecting individual rights, courts are generally better suited than elected branches due to their independence and ability to make decisions free from political influence.

User Apnorton
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