The Constitution Act, Citation: The Constitution Act, (UK), 30 & 31 Victoria, c 3. The first bankruptcy law in the United States came into being in This law was repealed in and was followed by the Act of The law was repealed in and was succeeded by the Act of , which was amended in and was later repealed in The Nelson Act of became the first modern Bankruptcy Act in the country. By contrast, the Act of , like all subsequent acts, set the line of cleavage at the moment of the petition. Be-cause the Act of also failed to distinguish inheritances from income, its treatment of the problem precisely mirrored the Act of Bankruptcy Act of , reprinted in
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You already recently rated this item. Your rating has been recorded. Write a review Rate this item: 1 2 3 4 5. As the legal regime for bankruptcy in the United States developed, it moved from a system which viewed bankruptcy as a quasi-criminal act, to one focused on solving and repaying debts for people and businesses suffering heavy losses.
In the Thirteen Colonies , laws regarding the payment and collection of debt were based on English common law. Debtors who were unable to repay their debts had property confiscated and assigned to the creditor, or were imprisoned. Upon the ratification of the United States Constitution in , Congress was given the power under Article I, Section 8, Clause 4 to legislate for "uniform laws on the subject of Bankruptcies" throughout the United States.
Congress' first law on the subject was the Bankruptcy Act of ,  which was limited to traders and provided only for involuntary proceedings. This was repealed in Voluntary bankruptcy in the United States was first allowed by the Acts of ,  and The Bankruptcy Act of , known as the Chandler Act expanded voluntary access to the bankruptcy system, and voluntary petitions were made more attractive to debtors. The Chandler Act gave authority to the Securities and Exchange Commission in the administration of bankruptcy filings.
The Bankruptcy Reform Act of , commonly referred to as the Bankruptcy Code, constituted a major overhaul of the bankruptcy system. First, it covered cases filed after October 1, Second, the Act contained four titles.
Title I was the amended Title 11 of the U. Title II contained amendments to Title 28 of the U. Code and the Federal Rules of Evidence. Title III made the necessary changes in other federal legislation affected by the bankruptcy law changes. Title IV provided for the repeal of pre-Code bankruptcy, the effective dates of portions of the new law, necessary savings provisions, interim housekeeping details, and the pilot program of the United States trustee.
Perhaps the most important changes to bankruptcy law under the Act, however, were to the courts themselves. The Act drastically altered the structure of the bankruptcy courts and conferred pervasive subject matter jurisdiction upon the courts. The act granted the new jurisdiction over all "civil proceedings arising under title 11 or arising in or related to cases under title While the new courts were denominated adjuncts of the district court , they were in practice free standing courts.
The expanded jurisdiction was to be exercised primarily by bankruptcy judges. The bankruptcy judge would continue to be an Article I judge, who was appointed for a set term. The provisions of the Act came under scrutiny in the case of Northern Pipeline Co.
Marathon Pipe Line Co. The Court held unconstitutional the broad grant of jurisdiction to bankruptcy judges because those judges were not appointed under and protected by the provisions of Article III of the Constitution.
Under the United States Constitution, the Article III judges hold their offices during good behavior an appointment for life , and their salary cannot be reduced during their tenure in office.
Article I judges do not enjoy such rights. The jurisdictional challenge started when a creditor filed an adversary proceeding in bankruptcy court , which covered issues such as breach of contract , warranty , and misrepresentation.