Bankruptcy & The Separation Of Powers – The Judicial Branch

Bankruptcy & The Separation Of Powers – The Judicial Branch

Bankruptcy is a good example of how the different branches of government interact with each other, ensuring that each branch “checks and balances” the other branches so that power is concentrated in one branch and, therefore, unequal between the three branches. The conventional understanding is that the separation of powers “make[s] Government accountable” and “secure[s] individual liberty.”

“Separation of Powers” was a term that originated with the 18th-century French judge and philosopher Montesquieu. As a model, separation of powers divides the government into distinct, separate branches, each with separate and independent powers. This concept relies on the notion that multiple branches of government help ensure that no branch is more powerful than another. In its typical form, this system divides the government into the following three branches: the Executive Branch, the Legislative Branch, and the Judicial Branch. The United States federal government and forty states divide their governments this way into the three aforementioned branches.

*The Judicial Branch

In contrast to the Executive and Legislative branches, which are elected by the people, members of the Judicial Branch are appointed by the President and confirmed by the Senate. Article III of the Constitution establishes the Judicial Branch and gives Congress significant discretion to determine the structure of the federal judiciary.

Bankruptcy cases cannot be filed in state court. The federal district courts have original and exclusive jurisdiction over all cases arising under the bankruptcy code. Each of the 94 federal judicial districts handles bankruptcy cases.

United States bankruptcy courts are courts created under Article I of the United States Constitution with the current system created by Congress in 1978, effective April 1, 1984. United States bankruptcy courts function as units of the district courts with subject-matter jurisdiction over bankruptcy cases.

Stay tuned for part two which discusses the executive and legislative branches.

The attorneys at the Morrison Law Group can help any Utah resident deal with any financial problem. Bankruptcy may help any person obtain a financial fresh start. The Morrison Law Group offers free consultations where we will review your financial circumstances and determine whether bankruptcy is the best solution for you. If so, we will then determine which chapter has the most advantages and whether you are eligible to file under this chapter.

Call 801.456.9933 today to schedule a FREE consultation. We have locations in Ogden, Logan, Sandy, and St. George to serve the residents of the counties of Weber, Cache, Salt Lake, Utah, Morgan, Davis, Washington, and surrounding areas.