When our Founding Fathers drafted the Constitution, they understood that bad things happen to good people. Being visionaries, they wanted to ensure that you would have a legal right to receive debt help if you get into a financial situation that you cannot bear. It is with this vision, that our founding fathers created the right in the United States Constitution. Federal law was then enacted to spell out your rights and how you should exercise them. You see, the right to file for bankruptcy is your Constitutional right and it is your Federal right.
Nothing could be more indicative of the intent of our founding fathers in establishing that Americans should have the right to file bankruptcy than Article 1, Section 8, Clause 4 of the United States Constitution. This clause authorizes Congress to enact "Uniform Laws on the subject of Bankruptcies throughout the United States.” When you find yourself drowning in debt, the Constitution unmistakably sets forth an intention by our founding fathers that you shall have a legal right to get out of debt and get a fresh start.
Several times since the drafting of the Constitution, Congress has exercised its authority by enacting a series of Federal debt relief laws. In 1978, Congress adopted the Bankruptcy Reform Act of 1978, codified in Title 11 of the United States Code, commonly referred to as the Bankruptcy Code ("Code"). The Code has been amended several times since 1978, most recently in 2005 through the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 or BAPCPA.
Eliminate your debts and obtaining a fresh start is a positive solution to your debt problem. Chances are you are financially responsible but like most people today, events have occurred in your life that have left you overwhelmed with debt or being harassed by creditors. If you are in such a situation, you have to ask yourself, "Do I need a fresh start?" If you do, then filing a Chapter 7 or Chapter 13 case may be the solution to your debt problems. It is your legal right. So protect yourself. When you need debt help, exercise your constitutional right to obtain debt relief.