The bankruptcy court of Delaware could face a severe hardship if one of their judges leaves the bench in the near future. As of May 25, 2017, if one of the five temporary judges leaves the bench the position would not be filled and Delaware would be left with only one judge to handle all of the cases.
In the past the temporary judgeships were created under the BAPCPA and were treated as “temporary”. However, in March of this year the Judicial Conference recommended converting temporary judgeships to permanent in several districts, including the Third Circuit of Delaware.
Many of the judges in Delaware are concerned about this situation and the problems it will cause with workloads. Chief Judge Paul Hyman of Delaware has announced his retirement date of January 2018. If the sunset date of May 2017 is not extended or the judgeships are not made permanent, any retirement or departure of any judge in a district with temporary positions will not be filled. Many judges agreed that the problem is more severe in Delaware where the judges feel a disproportionate number of large business cases are heard.