Is the New Individual Chapter Eleven Unconstitutional?
Keach, highlights complications that could arise from the new involuntary individual chapter 11. The article explains that when Congress established chapter 13, where a debtor must contribute post-petition income to fund a plan, it included several protections for the debtor that it deemed necessary to avoid violation of the Thirteenth Amendment’s prohibition against involuntary servitude. Congress did not provide those same protections in chapter 11. Now that chapter 11 cases, which also require the debtor to contribute post-petition income, can be filed involuntarily against an individual, constitutional issues will surely arise.
