less than 1 minute read

Bankruptcy

Federal Versus State Bankruptcy Laws



In general, state laws govern financial obligations such as those involving debts created by contracts—rental leases, telephone service, and medical bills, for example. But once a debtor or creditor seeks bankruptcy relief, federal law applies, overriding state law. This is because the U.S. Constitution grants Congress the power to "establish … uniform Laws on the subject of Bankruptcies throughout the United States" (U.S. Const. art. I, § 8). Federal bankruptcy power maintains uniformity among the states, encouraging interstate commerce and promoting the country's economic stability. States retain jurisdiction over certain debtor-creditor issues that do not conflict with, or are not addressed by, federal bankruptcy law.



Additional topics

Law Library - American Law and Legal InformationFree Legal Encyclopedia: Autopsy to Bill of LadingBankruptcy - History Of U.s. Bankruptcy Laws, Federal Versus State Bankruptcy Laws, Types Of Federal Bankruptcy Proceedings