Below you will find pages that utilize the taxonomy term “Courts”
Bankruptcy Reform Act of 1978
Bankruptcy Reform Act of 1978
1) Link to the Text of the Act
Read the statute (11 U.S.C. § 101 et seq.)
2) Why It Was Done
The Act overhauled federal bankruptcy law, replacing the Bankruptcy Act of 1898 with the modern Bankruptcy Code, designed to balance debtor relief with creditor protections.
3) Pre-existing Law or Constitutional Rights
The U.S. Constitution (Article I, Section 8) gives Congress power over bankruptcy, but laws before 1978 were fragmented. The old system was criticized as outdated and inconsistent.
Servicemembers Civil Relief Act (SCRA)
Servicemembers Civil Relief Act (SCRA) (2003)
1) Link to the Text of the Act
Read the U.S. Code – Title 50, Chapter 50
2) Why It Was Done
Congress enacted the SCRA to ensure servicemembers are not unfairly disadvantaged in civil legal matters while serving on active duty. The law provides protections in areas such as foreclosures, evictions, default judgments, and interest rates.
3) Pre-existing Law or Constitutional Rights
The SCRA replaced the Soldiers’ and Sailors’ Civil Relief Act of 1940, expanding and updating due process protections. It is rooted in fairness and the constitutional guarantee of due process.