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bankruptcy in the United States
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Bankruptcy in the United States
Bankruptcy in the United States
is governed under the
United States Constitution
(Article 1, Section 8, Clause 4) which authorizes Congress to enact "uniform Laws on the subject of Bankruptcies throughout the United States." Congress has exercised this authority several times since 1801, most recently by adopting the
Bankruptcy Reform Act of 1978
, as amended, codified in
Title 11 of the United States Code
and commonly referred to as the "Bankruptcy Code" ("Code"). The Code has been amended several times since, with the most significant recent changes enacted in 2005 through the
Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
(BAPCPA). Some law relevant to
bankruptcy
is found in other parts of the United States Code. For example, bankruptcy crimes are found in
Title 18 of the United States Code
(Crimes). Tax implications of bankruptcy are found in
Title 26 of the United States Code
(
Internal Revenue Code
), and the creation and jurisdiction of bankruptcy courts are found in
Title 28 of the United States Code
(Judiciary and Judicial procedure).
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