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The first municipal bankruptcy legislation was enacted in 1934 during the Great Depression. [2] Although Congress attempted to draft the legislation so as not to interfere with the sovereign powers of the states guaranteed by the Tenth Amendment to the Constitution, the Supreme Court held the 1934 Act unconstitutional as an improper interference with the sovereignty of the states. [2]
United States Bankruptcy Court, Montana This court accepts any "nationally recognized citation form", and specifically names the ALWD Citation Manual . It does not mention Bluebook by name, but given its national recognition (it is the dominant legal style guide in the United States), it should be accepted.
Constrained equal losses (CEL) is a division rule for solving bankruptcy problems. According to this rule, each claimant should lose an equal amount from his or her claim, except that no claimant should receive a negative amount. In the context of taxation, it is known as poll tax. [1]
This is a good starting point for finding attorneys who operate locally and likely have knowledge of the local laws and statutes you will likely have to navigate during a bankruptcy case. 4. Get ...
Congress enacted Section 1113 favoring voluntary solutions in response to NLRB v.Bildisco & Bildisco 465 U.S. 513 (1984) where the Supreme Court concluded that a debtor could reject a collective bargaining agreement without engaging in collective bargaining and that such unilateral alterations by a debtor would not violate the National Labor Relations Act (NLRA) 29 U.S.C. § 158.
Rule 81(a)(1) F.R.Civ.P. provides that the civil rules do not apply to proceedings in bankruptcy, except as they may be made applicable by rules promulgated by the Supreme Court, e.g., Part VII of these rules. This amended Bankruptcy Rule 1001 makes the Bankruptcy Rules applicable to cases and proceedings under title 11, whether before the ...
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