Hanover Nat. Bank v. Moyses, 186 U.S. 181 (1902)

By Prof. M. Jonathan Hayes

Issue: Is the Bankruptcy Act of 1898 constitutional?

Holding: Yes.

Chief Justice Melville W. Fuller

Hanover Nat. Bank filed suit in District Court seeking to set aside the discharge of the debtor, Max Moyses, on the grounds that the bankruptcy act of 1898 was unconstitutional. The bank had three arguments, 1) the Act improperly permitted individuals, i.e., “non-traders” to file bankruptcy; 2) it improperly granted legislative powers to the states in the form of the exemption laws; and 3) it violated due process because it gave insufficient . . .

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By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Federal Rules of Bankruptcy Procedure Amendments Effective December 1, 2020 The Judicial Conference proposed, and Congress has not changed, the amendments to the following Federal Rules of Bankruptcy Procedure: Rules 2002, 2004, 8012, 8013, 8015 and 8021. Absent Congressional action, which is not expected, they will be effective at the...

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The Ninth Circuit has now joined its sister Circuit in holding that the Bankruptcy Code does not permita Chapter 13 Trustee to retain the percentage fees collected on payments that a chapter 13 debtor made pre-confirmation in accordance with 26 U.S.C. §586 but, upon dismissal prior to confirmation of the plan, is obligated to return the fee to the debtor,...

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By Cathy Moran, Moran Law Group (Redwood City, CA) Bankruptcy attorneys and their clients often seem to be a pair, divided by their common language. Even without legal jargon, we talk past each other. How do we misunderstand each other? Let me count the ways: Property: I don’t have any property, lost the house to foreclosure last year. Property 2:...

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