A century of regress or progress? A political history of bankruptcy legislation in 1898 and 1998
Article Abstract:
The political process by which the Bankruptcy Act of 1898 was crafted stands in sharp contract to process under which bankruptcy reform failed in the Congress in 1998, thanks to the efforts of the consumer credit industry and special interests. The first draft of the 1898 Act was sound and cohesive, and the debate was elevated. Special interest groups did not capture the 1898 bill and the lawmakers of the time thought broadly and creatively.
Publication Name: Bankruptcy Developments Journal
Subject: Law
ISSN: 0890-7862
Year: 1999
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One hundred years of bankruptcy law and still clinging to an In rem model of bankruptcy jurisdiction
Article Abstract:
Federal bankruptcy jurisdiction since enactment of Bankruptcy Act of 1898 has alternated between the 'In rem' model of property-based jurisdiction and the 'In personam' model of personal jurisdiction. Construing third-party jurisdiction 'related to' bankruptcy jurisidiction as supplemental jurisdiction would result in the fair and efficient system of pervasive federal bankruptcy regulation intended by Congress.
Publication Name: Bankruptcy Developments Journal
Subject: Law
ISSN: 0890-7862
Year: 1999
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The death of consumer bankruptcy in the United States?
Article Abstract:
A bankruptcy bill which makes it harder for debtors to win relief will probably become law soon. The author examines the push for bankruptcy reform in Congress during the past year. He argues that the bill would mainly benefit the wealthy while being harsh on ordinary consumers.
Publication Name: Bankruptcy Developments Journal
Subject: Law
ISSN: 0890-7862
Year: 2001
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