Bankruptcy basics: A look at history, parameters

On behalf of The Rollins Law Firm posted in Personal Bankruptcy on Monday, July 21, 2014.

Many people in Mississippi and elsewhere who are interested in or contemplating filing for bankruptcy understandably lack detailed knowledge of the subject area.

That is for good reason. As noted in a comprehensive federal courts website, "The bankruptcy process is complex."

It is also replete with eligibility tests, arcane terminology and court-supervised requirements that stem from a voluminous federal Bankruptcy Code established in 1978 that has been amended multiple times.

It can thus pay, both figuratively and literally, for any person wading into the bankruptcy process to solicit timely and proven assistance from an experienced bankruptcy and debt relief attorney.

What might surprise many people about bankruptcy is that it was a topic deeply considered by national legislators from the very beginning of American constitutional history. In fact, an express grant to Congress to make uniform laws regarding bankruptcy appears in the federal Constitution.

The rationale for that was well expressed by the United States Supreme Court in a decades-old decision. In a 1934 case, justices cited the need to provide good-faith debtors with “a new opportunity in life and a clear field for future effort” that would not be unduly checked by an insuperable amount of existing debt.

That fundamental purpose of bankruptcy has never altered. Indeed, it remains as a steadfast safeguard against perpetual penury, signaling a national recognition that people in dire financial need have a right to regain firm financial footing.

Various types of bankruptcies – denoted as “chapters” – exist pursuant to which a consumer can seek relief under federal and state laws. A seasoned bankruptcy attorney can help a client understand all options and employ the debt-relief strategy that is best tailored to promote a positive result.

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