In my last post I discussed reaffirmation of debts in bankruptcy. Near the end of the post I described some loans I had seen my clients take out with interest rates as high as 496%. At the end of the post I said that that loan shark rate was perfectly legal and promised to tell you why. This post fulfills that promise by providing you with a bit of history. I know, there’s no future in history – bad joke. But this history may prove both enlightening and entertaining.
On April 20, 2005 President Bush signed into law the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”) (uncharitably referred to by some as “BAPCraPA”). BAPCPA made some sweeping changes to the Bankruptcy Code. These changes affect not only debtors contemplating bankruptcy, but also attorneys – and not just bankruptcy practitioners.
I. The Origins Of American Bankruptcy Law
Article 1, section 8 of the U.S. Constitution grants Congress the power: “To establish . . . uniform rules on the subject of bankruptcies throughout the United States.” Why did the Founders feel that it was necessary to include this power in the relatively short list of enumerated congressional powers?
Continue Reading A Bankruptcy History Lesson