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The Bankruptcy Code, which is codified as title 11 of the United States Code, is the uniform federal law that governs all bankruptcy cases. There are several purposes behind the enactment of the law in its current form. The most important is a fresh start for the honest but unfortunate debtor and equality of distribution to creditors.
Originally, bankruptcy in the United States, as nearly all matters directly concerning individual citizens, was a subject of state law. However, there were several short-lived federal bankruptcy laws before the Act of 1898: the Bankruptcy Act of 1800, [3] which was repealed in 1803; the Act of 1841, [4] which was repealed in 1843; and the Act of 1867, [5] which was amended in 1874 [6] and ...
Pages in category "United States federal preemption case law" The following 29 pages are in this category, out of 29 total. This list may not reflect recent changes .
Perez v. Campbell, 402 U.S. 637 (1971), was a case in which the Supreme Court of the United States held that Arizona's law suspending a driver's license was unconstitutional due to its conflict with the federal Bankruptcy Act under the Supremacy Clause of the Constitution.
This act sought a new preemption standard for national banks in America by administering that national banks were subject to state consumer laws as if they were sections of a state bank except when federal law preempted the application of a state law to a national bank or if the Office of the Comptroller of Currency (OCC) concluded that a state ...
The automatic stay in bankruptcy is the result of Section 362 of the Bankruptcy Code that requires all collection proceedings to stop. There are exceptions, of course, but generally this is the term for the "relief" from collection proceedings a debtor receives by filing the bankruptcy with the bankruptcy clerk's office.
Questions of federal preemption "must be guided by two cornerstones of our pre-emption jurisprudence": "First, 'the purpose of Congress is the ultimate touchstone in every pre-emption case.' Medtronic, Inc. v. Lohr , 518 U.S. 470, 485 (1996) (internal quotation marks omitted); see Retail Clerks v.
It confers on private entities (i.e., covered carriers) a federal right to engage in certain conduct subject only to certain (federal) constraints." [36] Field preemption, the third type of preemption, occurs when federal regulation of a "'field' of regulation [is] so comprehensive[] that it has left no room for supplementary state legislation."