David Langley

Filing bankruptcy is an important legal right. The Constitution of the United States, Article I, Section 8, Clause 4, provides Congress with the power to establish uniform laws on the subject of Bankruptcies throughout the United States. That provision was included by our Founding Fathers in reaction to the "debtor's prisons" of colonial times, in which individuals could be imprisoned for their debts. Since the year 1800 this country has had formal bankruptcy laws for the benefit of U.S. residents. Our current bankruptcy code was adopted in 1978, providing a major overhaul of the bankruptcy system. New legislation took effect October 17, 2005 which substantially revised the Bankruptcy Code again. However, most people in financial distress can still file for bankruptcy protection. Please call us with your bankruptcy questions.

The Bankruptcy Code provides for a number of separate types of bankruptcy proceedings. See our discussion of Chapters 7, Chapter 11 and Chapter 13.