Document Type

Article

Abstract

The Bankruptcy Clause of the Constitution empowers Congress to enact "uniform Laws on the subject of bankruptcies." Common definitions of the word uniform include "always the same" and "not variable." Yet the rights and remedies of debtors and creditors in a bankruptcy case vary significantly depending upon the state and federal jurisdiction in which the case is filed. Rather than a single uniform law of bankruptcy, the U.S. has multiple bankruptcy laws and regimes based upon geography.

Date of Authorship for this Version

1-1-2012

Keywords

Bankruptcy, Debtor and creditor, Bankruptcy Clause, bankruptcy courts, uniformity, Bankruptcy Law, Constitutional Law

Original Citation

Forthcoming publication in Seton Hall Law Review, Vol. 42, No.3, pp. 1081-1168, June 2012.

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