The Constitutional Bankruptcy and Debt Warrior
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Bankruptcy law rests on the constitutional foundation of the Bankruptcy Clause of Article I. But the constitutional law of bankruptcy extends far beyond it. Stern v. Marshall limited bankruptcy courts' authority to adjudicate certain state law claims. Municipal bankruptcy under Chapter 9 raises questions about whether the federal bankruptcy power can compel states to allow municipalities to restructure debts. And the student loan discharge question generated a constitutional debate about executive authority limits.
The Constitutional Bankruptcy and Debt Warrior is Volume LXXXIII of Wayne Richard Evangelista's Constitutional Law Series.
Wayne Richard Evangelista covers the full bankruptcy constitutional landscape: the Bankruptcy Clause's authorization of uniform bankruptcy laws and uniformity requirement; Stern v. Marshall — adjudicative power of bankruptcy courts, the Seventh Amendment right to jury trial, and the Article III judge requirement; the automatic stay as a constitutional matter; discharge and due process — notice requirements and the constitutional minimum of the fresh start; municipal Chapter 9 bankruptcy and state sovereignty; and student loan discharge — Biden v. Nebraska and the major questions doctrine applied to debt relief.
The Constitutional Bankruptcy and Debt Warrior
$69.99
Sale price
$69.99
Regular price