The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
It is within the power of Congress to assume the exclusive
regulation of bankruptcy proceedings throughout the United
States.[Footnote: U. S. Constitution, Art. I, Sec. 8.] There is
in this country no real difference in meaning between the terms
bankruptcy and insolvency. Each denotes a _status_ into
which one unable to pay his debts, as and when they fall due, may
put himself, or be put by his creditors. The remedy is not
confined to any particular classes of persons, and no more fault
is implied on the part of one who is adjudged a bankrupt than on
the part of one who is adjudged an insolvent.
During most of the history of the United States there has been no
uniform law on the subject of bankruptcy for the whole country.
Three bankrupt Acts were enacted by Congress from time to time
during the first century after the adoption of the Constitution.
Each followed some serious financial crisis, and was repealed not
long after the immediate effects of the crisis had passed away.
They were adopted as a kind of [Greek: seisachtheia] to help
insolvent debtors to get on their feet again. A later Act passed
in 1898 is still in force,[Footnote: 30 U. S. Statutes at Large,
544; 32 _id._, 797.] and as it contains many provisions
which have been found useful by creditors as well as by debtors,
it is not unlikely to remain permanently upon the statute-books.
The prosperity of the United States rests mainly on the absolute
free trade which exists between the several States. That
necessarily results in innumerable credits extended by citizens
of one State to those of others, and in immense property
interests in each State belonging to non-residents. In case of
insolvency full justice can not be worked out except through the
legislative powers vested in the United States.
The Act of 1898 allows any one except a corporation to become a
voluntary bankrupt. Practically any insolvent debtor can be
thrown into involuntary bankruptcy, except wage earners, farmers,
incorporated banks, or business corporations owing less than
$1,000. This is so even if a State court of insolvency has
already taken charge of his affairs; and if that has occurred it
is of itself a sufficient reason for bankruptcy proceedings.
Petitions in bankruptcy are preferred to a District Court of the
United States. Each bankrupt estate is put in charge of one or
more trustees. They can maintain actions to recover or protect
it, as a general rule, in the courts of any State as well as in
those of the United States.[Footnote: See Bardes _v._ Bank,
178 U. S. Reports, 524.]
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