United States v. Kras, 409 U.S. 434 (1973)

By Professor M. Jonathan Hayes

Issue: Does an individual have a constitutional right to a bankruptcy discharge without paying the required filing fees?

Holding: No. “There is no constitutional right to obtain a discharge of one's debts in bankruptcy.”

Justice Harry Blackmun for the 5-4 majority: Burger filed a concurring opinion. Stewart and Marshall filed dissenting opinions

The debtor was in really bad shape financially. He was unemployed and argued that he needed to file chapter 7 because one of his creditors, a former employer, was accusing him of fraud with respect to the debt and . . .

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By Gretchen D. Holland, Standing Chapter 13 Trustee for the Greenville/Spartanburg Division of South Carolina Although this is a chapter 11 case, it has chapter 13 implications because the confirmation requirement that a plan be “proposed in good faith and not by any means forbidden by law” is identical in both chapters (§ 1129(a)(3) and § 1325(a)(3)). Garvin v. Cook...

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The Honorable William Houston Brown

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Lawrence R. Ahern, III

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Henry E. Hildebrand, III

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Henry E. Hildebrand, III

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