by Jeffrey I. Golden, Davin M. Goodrich, and Brandon J. Iskander

The Honorable Theodor C. Albert lived his life in a way that inspired many of us to be better lawyers, family members, and people in general. Sadly, he lost his battle to cancer on May 5 of this year. In this column, we wanted to share some ways he inspired the community.

Practitioners who have appeared in front of Judge Albert have consistently remarked how pleasant, insightful, practical, and decisive he was on the bench. Judge Albert always listened carefully and thoughtfully to all arguments before issuing his well-reasoned opinion. His approach was welcomed by practitioners regardless of the decision reached.

Judge Albert was born at Fort Sill Army Base in Oklahoma on April 2, 1953. After spending time in Massachusetts, Judge Albert moved with his family to Walnut, California. Judge Albert graduated from Stanford University in 1975 with a history degree, and UCLA in 1978 with a law degree. As if he were destined to a life in bankruptcy law, Judge Albert’s graduation from law school coincided with the enactment of the Bankruptcy Reform Act in 1978. Judge Albert’s foray into our field occurred during the infancy and formative stages of the Bankruptcy Code. Given his early ties to the interpretation of the Bankruptcy Code, it is fitting that Judge Albert’s jurisprudence enunciated principles that must govern where the Bankruptcy Code was otherwise silent.

Judge Albert used to remark that one of the great features of the Bankruptcy Code is both its diversity of other laws by incorporation and also—given the relative lack of case law interpreting the Bankruptcy Code as opposed to other areas of the law—a tremendous opportunity for creativity in its interpretation.

In 1978, Judge Albert accepted an associate position at Corbett, Steelman & Davidson in Los Angeles after law school. Four years later, Judge Albert moved his practice to Buchalter’s Orange County office in Newport Beach, where he eventually chaired that office’s insolvency practice.

Judge Albert was appointed as a chapter 7 panel trustee in 1988 for the Santa Ana division of the Bankruptcy Court. He served as a chapter 7 trustee until 2005.

In 1995, Judge Albert convinced his friends and colleagues Michael Weiland and Jeff Golden to form a new law firm in Orange County. During the formation stage of the new law firm, Michael Weiland was asked to draft a partnership agreement for a law firm. The names of the law firm were, however, omitted from the partnership agreement. Michael learned Judge Albert wanted Michael to join the firm as a partner when the name of the firm was unveiled at an impromptu event. Albert, Weiland & Golden was launched in Costa Mesa in 1995 with a focus on insolvency and bankruptcy law. In a few short years, the firm blossomed into a mid-size boutique bankruptcy firm with several prominent partners and associates joining the team. Over its thirty years of existence, the firm has spawned three judges—one of whom was Judge Albert.

In 2000, Judge Albert received the Honorable Peter M. Elliott Award from the Orange County Bankruptcy Forum. The Peter M. Elliott Award is given to members of the Orange County bankruptcy community who demonstrate the same standards of ethics and scholarship as the late Hon. Peter M. Elliott. The Hon. Peter M. Elliott Award is the pinnacle of honors given to the Orange County bankruptcy community.

While at Albert, Weiland & Golden, Judge Albert informed his partners that he was taking a sabbatical. Rather than embark on a vacation to rest, Judge Albert studied ancient Roman insolvency law in Rome, Italy. In fact, he identified ancient scrolls and employed translators to assist him in understanding the origins of our insolvency laws today and to gain a better understanding of them. It is also true that, during his studies and research, he very much enjoyed some fine Italian wines and the Italian countryside. When Judge Albert returned from his sabbatical, he published The Insolvency Law of Ancient Rome, 28 Cal. Bankr. J., Volume 3, at 365, in the California Bankruptcy Journal. Judge Albert’s article explores, among other things, Roman law governing insolvency. The article explains in depth the transition from potential bodily dismemberment of a debtor as a punishment for an unpaid debt to a more forgiving, civilized form of debt relief that loosely resembles a bankruptcy discharge provided under the United States Bankruptcy Code.

Judge Albert also wrote a comprehensive book on his family history. Although several copies of the book were produced, only one known copy exists.

On June 1, 2005, Judge Albert was appointed as a bankruptcy judge by the Ninth Circuit Court of Appeals with chambers located in Los Angeles. After approximately one year of service to the Los Angeles community, Judge Albert was relocated to Santa Ana.

Judge Albert was also known as “Professor Albert.” As a professor of Chapman University’s Fowler School of Law for fourteen years, Judge Albert mentored and taught bankruptcy law to hundreds of law students.

In 2022, Judge Albert was elected by his peers to serve as the Chief Judge of the U.S. Bankruptcy Court for the Central District of California. Even though Judge Albert’s assumption of chief judge duties occurred three years after the COVID-19 pandemic, Judge Albert was tasked with pivoting the bankruptcy court towards remote hearings and devising rules and guidelines to assist his fellow judges with the incorporation of new technology in the courtroom.

Reflecting upon Judge Albert’s career, it is crystal clear that Judge Albert had a passion for learning, teaching, and educating those around him in order to benefit our legal community and improve upon our laws and insolvency system. This is apparent from his mentorship as a lawyer to younger associates, as a professor, as a judge, and as a caring and empathetic human being who was always interested in the issues and challenges he faced.

For nearly twenty years, Judge Albert presided over bankruptcy cases and related litigation. Judge Albert was universally known as a fair, practical judge who served the Orange County community with kindness and wisdom, and with his “authoritative voice.” The OCBA and the greater Orange County community will miss Judge Albert greatly.

Jeffrey I. Golden and David M. Goodrich are Partners at Golden Goodrich in Costa Mesa, CA. Brandon J. Iskander is a Partner at Goe Forsythe & Hodges in Irvine, CA. Brandon and Dave are section leaders for the OCBA Commercial Law & Bankruptcy Section. All of the authors would like to thank Caroline Djang for her contributions to this article.

Professional Paragon is an occasional column featuring an attorney who has inspired others to pursue excellence.