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The last instance of such a default took place during the Great Depression, in 1933, when the state of Arkansas defaulted on its highway bonds, which had long-lasting consequences for the state. [1] Current U.S. bankruptcy law, an area governed by federal law, does not allow a state to file for bankruptcy under the Bankruptcy Code. [2]
Section 109(c) of the U.S. Bankruptcy Code provides that a municipality may be a debtor in a Chapter 9 bankruptcy case only if the municipality is specifically authorized to be a debtor by State law, or by a governmental officer or organization empowered by State law to authorize the municipality to be a debtor. [20]
By contrast, a bankruptcy is a legal process, under federal law, to systematically sort out debt obligations under the supervision of a judge. [3] There are no provisions in U.S. bankruptcy law that authorizes a state to declare bankruptcy. [3] The states were borrowing to fund transportation investments as well as raising capital to start new ...
Title 18 - Crimes and Criminal Procedure; Title 19 - Customs Duties; Title 20 - Education; Title 21 - Food and Drugs; Title 22 - Foreign Relations and Intercourse; Title 23 - Highways; Title 24 - Hospitals and Asylums; Title 25 - Indians; Title 26 - Internal Revenue Code; Title 27 - Intoxicating Liquors; Title 28 - Judiciary and Judicial ...
Originally, bankruptcy in the United States, as nearly all matters directly concerning individual citizens, was a subject of state law. However, there were several short-lived federal bankruptcy laws before the Act of 1898: the Bankruptcy Act of 1800, [3] which was repealed in 1803; the Act of 1841, [4] which was repealed in 1843; and the Act of 1867, [5] which was amended in 1874 [6] and ...
The automatic stay in bankruptcy is the result of Section 362 of the Bankruptcy Code that requires all collection proceedings to stop. There are exceptions, of course, but generally this is the term for the "relief" from collection proceedings a debtor receives by filing the bankruptcy with the bankruptcy clerk's office.
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