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2024 US Judicial Exchange Diary (4): Visit to the Federal Bankruptcy Court

scanning: time:2024-02-23 classify:News Detail

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February 15, 2024, the fifth day of the judicial exchange program to the United States. The Chinese lawyers came to the Hipolito F. Garcia Federal Building and United States Courthouse. It's a historic courthouse, federal office and post office building located in downtown San Antonio, Texas, the United States. Its predecessors were the United States Post Office, Federal Office Building and Courthouse, which is the seat of the United States District Court for the Southern District of Texas. The federal bankruptcy court that the Chinese lawyers will visit today is on the fifth floor of the building.

The Hipolito F. Garcia Federal Building and United States Courthouse is an important landmark in downtown San Antonio and a symbol of the continued existence of the federal government, located in the historic district of Alamo Square. The building is the product of a federal public works program aimed at alleviating the widespread unemployment during the Great Depression of the 1930s. In 1935, the foundation of the new federal building was laid, and the building was completed in 1936 and officially opened in 1937. In 2000, the building was listed as a separate national monument in the United States. In 2005, the building was renamed after Judge Hipolito Frank Garcia (1925-2002), who served in the Western District Court of Texas from 1980 until his death.


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The epic mural in the entrance hall of the building is regarded as one of the exhibits of the United States Federal Mural Project


The American judicial system is a parallel system of state courts and federal courts. The federal court system from top to bottom is: the Supreme Court of the United States - the Federal Court of Circuit Court - the Federal District Court (Federal Bankruptcy Court). There are 94 federal bankruptcy courts in the United States, and all bankruptcy cases are heard by the federal bankruptcy court. State courts have no jurisdiction to hear bankruptcy cases.


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Today, the Chinese lawyers entered the federal bankruptcy court to observe the on-site trial of Judge Craig. Gargotta's consumer bankruptcy case. During the hearing from 10:00 to 11:30 in the morning, Judge Gargotta handled nearly 10 cases. One of the cases was that the bankruptcy applicant presented the court with the need to pay $8,000 for repairing the car. The bankruptcy trustee and the bankruptcy applicant's lawyers had several rounds of debate. After listening to the opinions of all parties, Judge Gargotta made a ruling and stated the reasons for the ruling in court. Both parties expressed confidence.

Judge Gargotta was a lawyer from 1990 to 2007, when he was also the special editor of the Journal of the American Bankruptcy Institute and an adjunct professor at St. Mary's School of Law. He has been a U.S. bankruptcy judge since October 1, 2007, and has written more than 40 columns in the ABI Journal and the Legal Review of American Bankruptcy Research. He is currently teaching a course on persuasive writing to students at St. Mary's School of Law.


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Judge Gargotta held a small legal seminar with the Chinese lawyers in his own conference room. The judge in the court is majestic, and the judge under the court is a scholar. Judge Gargotta patiently answered the questions raised by the Chinese lawyers. For the lawyers' questions about the legislative background of personal bankruptcy system, the selection and appointment of bankruptcy judges, the property disclosure system in personal bankruptcy, and the measures for debtors who violate debt repayment plans, Judge Gargotta gave detailed answers.

It was noon when the visit ended, and the Chinese lawyers tasted a Mexican-style lunch, visited the San Antonio Cathedral, the Spanish Governor's Palace, the Alamo and other historical sites, and also sailed on the San Antonio River.


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