• Instructor: Attorney Bob Schaller
• Lectures: 2

Constitution, Bankruptcy Code, Bankruptcy Rules, and Case Law.

Embedded in the United States Constitution is the genesis of bankruptcy protection in America.  The Founding Fathers recognized the need for bankruptcy protection as an alternative to incarcerating indigent individuals in “debtors’ prison” – a common way to deal with unpaid debt in places like Western Europe and pre-revolutionary America.  The Constitution itself does not provide any substantive rights.  However, Article I, Section 8, of the U.S. Constitution authorizes Congress to enact “uniform laws on the subject of bankruptcies throughout the United States.”

This video was produced by the United States Court.