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Retired Bankruptcy Judge Mitchel Goldberg - Judge, Rabbi, Husband, Father, Grand Father, Golfer and Mensch By Mosier, Robert*
Life for Judge Goldberg started in Denver, Colorado. He admits to being a poor student with bad study habits. Encapsulated in two words: lazy student. But his SAT scores were impressive. His father died in his junior year of high school. He started his senior year as the first class at the new George Washington High School. While there, because he was such a skinny kid, he lettered in cross country and track and more importantly, he met his soul mate Janice who was a sophomore during that great year. During his youth, Judge Goldberg has always been active in his local synagogue. He reports flirting with the idea of becoming a rabbi. Mediocre high school grades but high SAT scores got Judge Goldberg admitted to the University of Colorado. For three years, he continued his previous path of poor study habits with an admitted GPA of 2.2. But he loved to dance so he partied more than studied. (This has been one of his joys forever as seen when he taught Justice Sandra Day O’Connor the Texas twostep). Then – a life changing experience – Judge Goldberg decided to get engaged to the future Mrs. Goldberg. He was flying out to California to give her the ring on the day President Kennedy was assassinated, causing a slight delay in plans. Judge Goldberg credits his marriage the following summer with the launch of a turnaround in his grades – in his senior year, his GPA rose from 2.2 to 2.6 – hard to accomplish in one academic year. Both our Judge and his new bride worked to help put him through college and later law school. Post undergraduate college, his rapidly increasing GPA along with impressive LSAT scores got Judge Goldberg admitted to law school at CU. By the end of his first semester, he was awarded a full academic scholarship for the duration of law school. He was a member of the Law Review and won best oral argument for his school so he even got to go to the national Moot court competition in NYC. He graduated in 1968 and passed both the Colorado and California bar exams. This was, however, the period when Vietnam was really heating up, and thoughts of becoming a lawyer soon gave way to his ROTC commission, the army and a stint as a Adjutant General officer in Vietnam. Judge Goldberg was promoted to Captain while stationed in Vietnam. Upon his discharge after Vietnam, Judge and Mrs. Goldberg moved to California, and a baby lawyer found employment at the Stanley Rosen law firm. The practice was general law. This led to opening his own firm in 1981 where his focus was mostly handling consumer lending cases in chapter 7 and 13 for several banking and lending institutions. By 1986, and with a flourishing creditor practice, lawyer Goldberg was encouraged by then bankruptcy Judge Aaron Phelps to consider going on the bench. By November 1987, lawyer Goldberg was formally nominated to the bench, subject to a background check. But wait: the background investigation revealed that Judge Goldberg’s identical twin brother had been a conscientious objector during the Vietnam era and had moved to Canada to avoid the draft. This precipitated a full-on security clearance. But not to worry: lawyer Goldberg was formally appointed to the Federal Bankruptcy Bench in San Bernardino on June 1, 1988. No room at the Inn: Congratulations to new JUDGE Goldberg. But again, not so fast: there were now three Bankruptcy Judges in San Bernardino and only two courtrooms. This required some flexibility and a good nature as the caseloads were increasing. It also launched a steep learning curve for Judge Goldberg to master Chapter 11 cases – heretofore unknown territory. In 1991, Judge Goldberg, who was known to all the judges as a great negotiator in private practice, undertook mediation and settlements in addition to judging. In 1994, the largest mediation of his entire career took place – the Glen Ivy Resort timeshare debacle. But it was just one of hundreds of successful mediations! (Editor’s note: I was appointed as Examiner in a bankruptcy case family law matter involving a spouse being deprived of her husband’s large real estate fortune. The spouse had received terminating sanctions from the family law judge. The spouse filed bankruptcy to stay the sanctions order. Then bankruptcy judge Barr recommended mediation, and Judge Goldberg was selected as the mediator. After four days of mediation at the San Bernardino Bankruptcy Court where each mediation session lasted to midnight or later, the case, to my surprise, settled late Friday night/early Saturday morning. I had the opportunity to observe Judge Goldberg up close and personal during the period and observed that he was 50% judge, 50% rabbi and 50% mediator. In a follow up note to the Judge after the settlement congratulating him on a superhuman accomplishment, I observed that if I made an error in the above percentages, it was that I had understated them by a factor 2!) Over a 20-year span and before his retirement, Judge Goldberg processed over 300 mediations, 90% of which settled. Who is Judge Goldberg’s most admired judge? Sandra Day O’Conner and the notorious RBG. His sport? Golf. There are many sides to Judge Goldberg: All of his life he has had an active part in his synagogue, both in learning and teaching as well as leadership in both time and money. Upon his retirement in 2008, he also immediately began to redefine himself as a story teller for pre-k and kindergarten school children which he has done at many California Bankruptcy Forum conferences; a hospice volunteer meeting weekly with patients who are at the end of life cycle; an adjunct professor at Pepperdine’s world famous Straus Institute for dispute resolution where he has trained both students and judges from all over the world, including multiple trips to Uganda; and, since 2010, an active private mediator affiliated with Judicate West conducting mediation in all types of complex business matters and disputes throughout California. He has been married to Janice for 57 years, and they have two daughters, the
first one adopted and the second by birth, and two grandsons. The California Bar
and Judiciary is fortunate to have had the contributions of Judge Mitch Goldberg
both on and off the bench. |
Receivership News is pleased to have the opportunity to turn the spotlight on
retired Bankruptcy Judge Mitchel Goldberg. Judge Goldberg has had a fascinating
legal career and life as set forth below in abbreviated detail. RN forecasts
that you will enjoy this read.