Article 1 of the U.S. Constitution empowers Congress to make bankruptcy law. Congress exercised that power to enact new bankruptcy laws in 1800, 1841, 1867, and 1898. Congress replaced the then-current law via the Bankruptcy Reform Act of 1978, including the Bankruptcy Code, which is codified as title 11 of the U.S. Code. The Bankruptcy Code was most recently substantively amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, often referred to as “BAPCPA.”
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