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
Bankruptcy, Debtor and creditor, Bankruptcy Clause, bankruptcy courts, uniformity, Bankruptcy Law, Constitutional Law
Austin, Daniel A., "Bankruptcy and the myth of "uniform laws"" (2012). School of Law Faculty Publications. 195.