Editor's desk: Remembering Judge Theodor C. Albert

By M. Jonathan Hayes

I invited Chief Judge Theodor C. Albert to join me and Judge Robert Faris of Hawaii in presenting the annual Consumer Bankruptcy Ninth Circuit Review last January. At the time, I didn’t realize he was facing a medical condition that would soon take his life far too early. True to form, he immediately agreed—ever the dedicated scholar of bankruptcy law and always ready to contribute to our community.

Over the years, we sat together on several panels, and I always admired his ability to make complex issues clear and accessible. I learned something from him every time. Beyond our professional collaborations, we had a friendship forged through many encounters—both in his Santa Ana courtroom, where I experienced my share of wins and losses, and at the Central District and Ninth Circuit Judicial Conferences, where we met over several years.

Judge Albert earned his Bachelor of Arts degree from Stanford University in 1975 and his J.D. from UCLA School of Law in 1978. A former chapter 7 trustee, he was a frequent lecturer and author on a wide range of bankruptcy topics and served as an adjunct faculty member for the University of California at Irvine Extension Program, where he taught trustee practice. He was also a founding director and past president of the Orange County Bankruptcy Forum.

Judge Albert had a memorable dry wit. I recall one hearing where a self-represented debtor was trying to prevent a foreclosure sale. Judge Albert patiently addressed each of the debtor’s points. The debtor concluded by noting that the lender was Countrywide Financial while the movant seeking relief from stay was Bank of America. Judge Albert asked the bank’s attorney to respond.  Clearly exasperated, the young lawyer frenetically explained that Bank of America had purchased Countrywide years earlier, adding, “Everyone knows that. It was widely reported everywhere.”

With a quiet smile, Judge Albert replied, “Counsel, in 1939, it was widely reported that Martians had just landed in New York City.” Although he ultimately granted the motion, as he must under the Bankruptcy Code, his humor softened the moment. I’ve repeated the story many times, often with him present. He always enjoyed hearing it as much as I enjoyed telling it.
Judge Scott Clarkson remembered Judge Albert saying, 

Ted’s courtroom was a place of civility, but not stiffness. He allowed space for lawyers to argue but never let advocacy become antagonism. He listened, truly listened, and did so in a way that made even those on the losing end feel heard. He had an instinct for fairness, yes, but also for timing and proportion. He knew when to press, when to prod, and when to simply wait—because sometimes, people just needed to catch up to their better selves.

I will remember Judge Albert not only for his deep legal acumen, but for his civility, fairness, and the understated humor that made his courtroom a place of both dignity and humanity.  I will miss Ted; we all will.

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