Difference between revisions of "Bankruptcy Clause"

Latest revision as of 20:38, March 2, 2018

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-The '''Bankruptcy Clause''' is Article I, § 8, cl. 4, of the [[U.S. Constitution]].  It provides that Congress shall have the power to establish "uniform Laws on the subject of Bankruptcies throughout the United States."
+#REDIRECT[[Bankruptcy Code#History]]
-A primary motivation for this clause was  the interest in avoiding unjust imprisonment for debt and making federal discharges in bankruptcy enforceable in every State was a primary motivation for the adoption of that provision.  But it extends broader than that, covering the entire "subject of Bankruptcies."
-The [[Supreme Court]] has thus held that the power granted to Congress by that Clause is a unitary concept rather than an amalgam of discrete segments.<ref>''[[Cent. Va. Cmty. College v. Katz]]'', 546 U.S. 356 (2006).</ref>
-== References ==
-<references/>
-[[Category:United States Supreme Court Cases]]
-[[Category:Bankruptcy Law]]