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Bankruptcy

State and Local Government Law

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Detroit's Real Challenge, John A. E. Pottow Jan 2014

Detroit's Real Challenge, John A. E. Pottow

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When Detroit became the largest city in U.S. history to file for bankruptcy, it was a bad thing—unless you have the unique world-view of a bankruptcy lawyer, in which case it was marvelous news, worthy of celebration.


The Federal Bankruptcy Act And Its Effect On State Insolvency Laws, Evans Holbrook Jan 1918

The Federal Bankruptcy Act And Its Effect On State Insolvency Laws, Evans Holbrook

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Since Sturgis v. Crowninshield, 4 Wheat. 122, it has been clear that State Insolvency Laws were valid (within certain well-defined limits) during the non-existence of a Federal Bankruptcy Act, and that upon the enactment of a Federal Bankruptcy Act the State laws were superseded and suspended so far as they were in conflict with the Federal legislation. The difficulty has been in determining when there was such conflict, and it has arisen in various ways. For instance, the Federal Bankruptcy Act permits any natural person to become a voluntary bankrupt, but provides that no involuntary proceedings shall be taken against …