4 ms·
> Bankruptcy is a federal law with minimal state-by-state differences. Unfortunately you're mistaken. The Code itself is federal but the underlying debts and
by howard941 8y ago
> Bankruptcy is a federal law with minimal state-by-state differences.
Unfortunately you're mistaken. The Code itself is federal but the underlying debts and assets are always matters of state law. Exemptions: It depends. Moreover, various provisions of the Code are construed quite differently across the federal circuits. For example you're not getting your repo'd car back in the 11th circuit once the creditor takes possession peaceably, period.
Perhaps the substantive checks take care of these state-by-state differences?
- mark212 8y agoThe fact that they’re not handling people who own real estate simplifies things considerably and they have Attorney reviews to screen out the complicated cases (from what I gather). But yeah the basics of a no-asset Chapter 7 where the only secured debt is a car loan, I’d agree that state law variations are minimal.