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Sign up freeThe Portland Gazette
Portland, Cumberland County, Maine
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The U.S. Supreme Court unanimously decided that state insolvent laws exempting debtors' after-acquired property from pre-insolvency debt attachments violate the Constitution's prohibition on impairing contract obligations, but states may exempt debtors' bodies from arrest. The ruling's scope is uncertain, potentially affecting many former insolvents who have acquired property.
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The Supreme Court of the United States have unanimously decided, that those provisions in the Insolvent Laws of individual States, which exempt the property of debtors, subsequently acquired, from attachment for debts contracted previous to their declared insolvency, are void, inasmuch as they are violations of that article of the constitution which prohibits the passage of any law in any State impairing the obligation of contracts-but that a State may pass a law exempting the bodies of debtors from arrest.-It seems as yet uncertain what has been the extent of the first part of this decision; whether it is intended to relate only to those contracts made before the passage of an insolvent law, or to include those also, made afterwards. Upon a hasty consideration of the subject, we should be inclined to believe it was meant to apply only to the former, as it would seem, were the contract made during the existence of such a law, all the disabilities created by it must have been contemplated by the parties, and no further legal enforcement of the contract expected by them than would be consistent with these restrictions.-This decision, in whatever light it may be viewed, must very seriously affect the rights of a large class of citizens in those States where insolvent laws have existed or do exist, as many of those who were once insolvent, have since, probably, acquired considerable property. It is accordingly said to have occasioned a great degree of solicitude among them.
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state insolvent laws exempting after-acquired debtor property from pre-insolvency attachments declared void as violating contract obligations; states may exempt debtors' bodies from arrest; affects rights of former insolvents who acquired property, causing solicitude.
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The Supreme Court unanimously decided that provisions in state insolvent laws exempting subsequently acquired property of debtors from attachment for prior debts are unconstitutional violations of the contract clause, but allowed exemptions of debtors' bodies from arrest. Uncertainty exists on whether it applies only to contracts before the law or also after. The decision seriously impacts citizens in states with such laws.