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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were several short-lived federal bankruptcy laws before the Act of 1898: the Bankruptcy Act of 1800, [3] which was repealed in 1803; the Act of 1841, [4] which was repealed in 1843; and the Act of 1867, [5] which was amended in 1874 [6] and ...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 Constitution of California (Spanish: Constitución de California) is the primary organizing law for the U.S. state of California, describing the duties, powers, structures and functions of the government of California.
The trial court agreed with the creditors, but the Circuit Court of Appeals reversed because the Bankruptcy Clause gives Congress the power to enact uniform bankruptcy rules. [1] In a majority opinion by James C. McReynolds, the Supreme Court reversed the Circuit Court and held the bankruptcy courts could not have jurisdiction over state ...
The bankruptcy court denied the defendant's motion to dismiss, and the defendant appealed to the district court. The district court held that 28 U.S.C. §1471 violated Article III of the Constitution because it delegated Article III powers to a non-Article III court by its broad grant of jurisdiction to the bankruptcy courts.
Bankruptcy in the United States is a matter placed under federal jurisdiction by the United States Constitution (in Article 1, Section 8, Clause 4), which empowers Congress to enact "uniform Laws on the subject of Bankruptcies throughout the United States".
Another problem of reforming the bankruptcy code to include states is the Contract Clause of the U.S. Constitution, which prohibits state governments from ‘impairing the obligation of contracts.’ [5] As originally understood, this clause prohibited state legislatures from passing any laws to relieve either private debt or the state ...
The article is a provision of California's state Constitution ... suburban communities across the state and led to a landmark U.S. Supreme Court case that had the effect of allowing government ...
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important ...