The first municipal bankruptcy legislation was enacted in 1934 during the Great Depression. Pub. L. No. 251, 48 Stat. 798 (1934). Although Congress took care 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...Read More
Alternatives to Chapter 7 Debtors should be aware that there are several alternatives to chapter 7 relief. For example, debtors who are engaged in business, including corporations, partnerships, and sole proprietorships, may prefer to remain in business and avoid liquidation. Such debtors should consider filing a petition under chapter 11 of the Bankruptcy Code. Under...Read More
Access for All A person who wishes to observe a court in session may check the court calendar online or at the courthouse and watch a proceeding. Our Constitution and court tradition give citizens right of access to court proceedings. Citizens gain confidence in the courts by seeing judicial work in action, and learn first-hand...Read More
Jury Service U.S. citizens at least 18 years of age may be call or texted to jury service, one of the most important ways individual citizens become involved with the federal courts. Learn more about jury service and what to do if you were summoned to federal jury service. Court Cases Federal courts have jurisdiction...Read More
The Process Although some cases are decided based on written briefs alone, many cases are selected for an “oral argument” before the court. Oral argument in the court of appeals is a structured discussion between the appellate lawyers and the panel of judges focusing on the legal principles in dispute. Each side is given a...Read More
Bankruptcy Courts oversee a process where: a debtor repays creditors in a fair and orderly manner to the extent that the debtor has property available for payment; a failing business reorganizes by restructuring debt or the business entity itself, or, alternatively, to provide a framework for the orderly liquidation of the failed enterprise; and a...Read More
Article I, Section 8, of the United States Constitution authorizes Congress to enact “uniform Laws on the subject of Bankruptcies.” Under this grant of authority, Congress enacted the “Bankruptcy Code” in 1978. The Bankruptcy Code, which is codified as title 11 of the United States Code, has been amended several times since its enactment. It...Read More
Every debtor is required to appear at a creditors’ meeting conducted by a trustee who asks the debtor questions about the debtor’s financial condition and gives creditors the opportunity to do the same. SOURCE: Federal Judiciary Channel (YouTube) TRANSCRIPT: 0:01 The following program was produced by 0:03 the United States Courts. 0:12 As a debtor,...Read More
How does someone file a bankruptcy case? In order to file for bankruptcy, an individual must take a credit counseling course to learn about alternatives to bankruptcy as well as accurately complete and file a number of documents. SOURCE: Federal Judiciary Channel 0:01 The following program was produced by 0:03 the United States Courts. 0:09...Read More
Certain types of debt, such as child support, alimony, and most student loans, cannot be discharged in bankruptcy. Wrongful conduct may make some debts non-dischargeable. Examples of such conduct are incurring credit card charges without the intent or ability to repay, or obtaining loans using false financial information. SOURCE: Federal Judiciary Channel (YouTube) TRANSCRIPT: 0:01 The...Read More
