Public values and the Bankruptcy Code

Article Abstract:

Interpretation based on public values should override strict statutory construction in bankruptcy cases whenever the public value becomes germane to the case. Public value interpretation is supported by considerations of adjudication, modern theories of dynamic and nautical statutory interpretation, modern political theory and legal pragmatism. However, public values interpretation should be applied with restraint, ensuring that the value in question has been clearly established either by the legislature or the judiciary.

Cases, Public interest, Social norms

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Criminal bad check prosecutions, the Younger abstention doctrine, bankruptcy policy, and Bankruptcy Code section 105(a)

Article Abstract:

The US Supreme Court, in its 1971 decision in Younger v. Harris, established the Younger abstention doctrine, which limits federal judicial power to enjoin state prosecutions. The doctrine can ensure debtors invoking bankruptcy laws are not immune to state prosecution. However, the doctrine should not deny honest debtors their right to claim federal jurisdiction under the bankruptcy laws. Honest debtors should still be protected from the threat of state criminal prosecution.

States, Conflict of laws, Checks, Check fraud

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The consumer credit industry, the consumer bankruptcy system, Bankruptcy Code section 707(b), and justice: a critical analysis of the consumer bankruptcy system

Article Abstract:

Bankruptcy Code section 707(b) unfairly discriminates against the poor, working class and people of color. The section is contrary to the spirit of the bankruptcy law, which is to provide honest debtors with a fresh start. Section 707(b) denies debtors the right to a Chapter 7 discharge. Unfair lending practices must be taken into consideration when judging debtors who are victims of such practices. Equitable bankruptcy laws are mandatory in a credit economy.

Extinguishment of debts, Debt cancellation, Laws, regulations and rules, Discrimination in consumer credit, Credit discrimination

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