No Constitutional Right to a Fresh Start

Does an individual have a constitutional right to a bankruptcy discharge without paying the required filing fees? In 1973, the Supreme Court answered this question with a not-so-resounding no.

Unlock This Article

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

Please sign in to continue reading this content.

Hayes Jury
Senior Counsel, RHM Law, LLP (Los Angeles, CA)

M. Jonathan Hayes has practiced consumer bankruptcy law primarily for the past 42 years in Southern California. He recently completed a two-year sabbatical as the BAP Law Clerk first for Judge Laura Taylor in San Diego and then for Judge William Lafferty in Oakland. He is now Senior Counsel to the bankruptcy firm of RHM Law, LLP. Jon has been an Adjunct Professor of Law at the University of West Los Angeles School of Law for the past 33 years where he has taught Bankruptcy, Business Associations and other subjects. Jon was a member of the California State Bar Board of Legal Specialization, Bankruptcy Law Advisory Commission, 2010 to 2018. He was Vice-Chairman for the year 2016-2017 and Chairman for the year 2017-2018. He was President of the Central District Consumer Bankruptcy Attorney’s Assn (“cdcbaa”), 2013 and 2014, and is a member of the Board of Directors 2008 to present. He was a Lawyer Representative to the Central District Judicial Conference, 2014 to 2019. Today he has joined with Hon. Meredith Jury (Ret.) to form a bankruptcy appellate “dream team” with six other bankruptcy attorneys throughout the 9th Circuit to help consumer attorneys with their bankruptcy appeals. Jon has written four books entitled, “A Summary of Chapter 13” published in November 2019; “A Summary of Bankruptcy Law, Third Edition” published in December, 2016; “Bankruptcy Jurisprudence from the Supreme Court, Second Edition” published in 2016; and “Melvyn ‘Deacon’ Jones: My 40 years with the Blues Legends,” published in 2004. All are available on Amazon.com. You can reach Jon at jhayes@rhmfirm.com.

Related Articles

February 16, 2020
Although she steps into very large shoes, Julie Philippi is a welcome addition to the Chapter 13 Trustee fraternity. Ms. Philippi was appointed as the Chapter 13 Standing Trustee for the Western District of New York on January 1, 2020. Those large shoes were left by retiring NACTT icon, Albert Mogavero. “Al” served as Standing Trustee for 42 years (yep,...
Members
joseph 12-2024
August 30, 2026
Increased income equals higher modified plan payments. Right? Sounds logical. Not so fast . . .
Members
Brandi headshot
November 19, 2023
“The chief obstacle we have had since starting Zoom revolves around the lack of high-speed internet in our division.”
December 6, 2020
13 documents by Independence Software – Identity theft is a real and constant threat when transmitting information through the Internet. For Trusteeships, using e-mail to receive documents from the debtor bar is insecure, placing sensitive debtor information at risk. Founded in 2011, 13 Documents is unlike other filing systems — it is a complete document management solution for your Trusteeship...
moran_cathy
December 10, 2023
“The bankruptcy petition came to my desk for review with no entry for “clothing and wearing apparel”. Funny, I think I’d remember if I’d interviewed any naked people lately.” Although filled with Attorney Moran’s wit, there is an important lesson here! Feel free to add your own ‘naked client’ story in the comments section below the article.
Members
ahern_larry_regular
March 26, 2023
Introduction Amendments to 16 rules and new one new rule took effect December 1, 2022. Many reflected changes necessitated by the Small Business Reorganization Act of 2019 (SBRA),1 and had been in place in the same or similar form on an interim basis since that legislation took effect. Part 1 of this series summarized 2022 . . . It looks...
Members
Tammy profile_photo-190x190
August 17, 2025
“The good news is that our firm recently obtained consent judgments discharging more than $300,000 in federal student loans. . . .”
Members
Hale-Andrew-Antico
March 24, 2024
“. . . the law is so clear that of course it's not allowed. However, some courts have twisted themselves into pretzels to create a creditor right to postpetition unmatured interest.” The article explores this not so simple issue by examining relevant sections of the Bankruptcy Code and case law from various circuit courts.
Members
Clarkson2
December 7, 2025
“Listening, in this sense, is not passive reception. It is an act of intellectual humility, of openness to persuasion.”

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: