Bankruptcy and Naturalization – Two Uniform National Laws With a Fresh Start

Judge Gustafson leads mass abjuring of potentates

Bankruptcy and Naturalization are close Constitutional cousins - Article I, Section 8, Clause 4 of the Constitution provides Congress with the power:

"To establish an uniform Rule of Naturalization, and uniform Laws on the subject ot Bankruptcies throughout the United States;"

While Constitutional scholars may believe that what joins these two areas of the law is the need for national uniformity, those with a bankruptcy law perspective see that both provide a fresh start. We could also say that . . .

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

No Author Biography has been linked to this Article.

Related Articles

March 20, 2022
“The trouble with retirement is that you never get a day off!” [Abe Lemons] There is no better way to describe Robert Wilson in his career as an attorney, as a trustee, in his life thus far, and surely in his retirement! He has filled and will continue to fill every second of every day with meaning and purpose and...
gustafson2
Conduit vs. Direct Mortgage Payments – The Case Law To Consider1 The requirement that debtors pay their mortgage payments to their Chapter 13 Trustee as a “conduit” has advantages and disadvantages. One advantage is the fact that the Chapter 13 Trustee’s records are readily accepted by both the court and creditors in the event of a payment dispute. This advantage...
Members
October 11, 2020
By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama What are the statutory duties of the standing chapter 13 trustee? Bankruptcy Code §§ 1302 and 704 provide the statutory framework for the trustee’s duties, and provide as follows: 11 U.S.C. § 1302. Trustee (a) If the United States trustee appoints an individual under section 586(b) of...
Members
May 5, 2019
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Background Last year, the Ninth Circuit in In re Taggart1 ruled that an act in violation of the discharge injunction did not empower a court to find a creditor in contempt, if the creditor believed in good faith that the discharge injunction did not apply—even if the creditor's belief was...
Members
August 23, 2020
By Hon. Erik P. Kimball, United States Bankruptcy Court for the Southern District of Florida (Used with permission - Originally Published by the Courthouse Beacon, United States Bankruptcy Court for the Southern District of Florida August, 2020) Summary Judgment Applies In Contested Matters Bankruptcy Rule 7056 incorporates all of Federal Rule 56 for purposes of adversary proceedings, adjusting only the...
Members
William-1_print_2019
Recent case authority has not been favorable for consumer debtor attorneys seeking approval of bifurcated fees in Chapter 7 cases.
Members
March 13, 2022
The debtors will miss him. The creditors will miss him. Even more, his colleagues will miss him. Michael Joseph has served as the Chapter 13 Trustee in Delaware since 1987. He is retiring March 31, 2022. He has served with competence and excellence. The debtors will miss him because he treated them with dignity and compassion. The creditors knew they...
Members
Hale-Andrew-Antico
September 25, 2022
Sahni v. Tajima (In re Tajima) 2022 WL 3354006 (9th Cir. BAP Aug 15, 2022)(unpublished) S.Klein J ISSUE Did the Bankruptcy Court err when confirming Chapter 13 plan? RULING Yes. FACTS This case involves the tension of litigation in bankruptcy causing delay, and the need to get a Chapter 13 plan confirmed quickly. Here, there was a dispute between debtors...
Members
Copy of Hildebrand-2016
September 24, 2023
In calculating projected disposable income, 13 debtor may deduct entire mortgage payment notwithstanding amount exceeds the housing allowance as established by the IRS Financial Standards Allowance.
Members
July 28, 2019
By Robert (Bob) Schuman, Owner/Managing Broker, Network Financial Group I’m a mortgage broker. In that role, I see close up the immense relief that a homeowner feels when they file Chapter 13. They are no longer forced to deal with collection calls and a multitude of letters that are aggressive and intimidating, threatening to take their car, foreclose on their...

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: