William Nelson Petitioner In Bankruptcy v. Daniel Carland, An Opposing Creditor

Decision Date01 January 1843
Citation42 U.S. 265,11 L.Ed. 126,1 How. 265
PartiesWILLIAM NELSON, A PETITIONER IN BANKRUPTCY, v. DANIEL CARLAND, AN OPPOSING CREDITOR
CourtU.S. Supreme Court

'It provides, in substance, that any person, whether a trader or not, who is indebted, except in a few enumerated cases, may file his petition in the District Court of the United States, for the benefit of the act, at any time he may please, without the consent or action of any of his creditors, and obtain by a decree of the court, a discharge from all his debts. This decree is to be had without the consent of any of his creditors being required, even if they do not participate in the proceedings or receive a dividend from the...

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26 cases
  • Clinton Nurseries, Inc. v. Harrington (In re Clinton Nurseries, Inc.)
    • United States
    • U.S. Bankruptcy Court — District of Connecticut
    • August 28, 2019
    ...property of the debtor towards all the debts due by him." 20 F. Cas. at 497.21 Klein was reprinted in a note to Nelson v. Carland , 42 U.S. (1 How.) 265, 11 L.Ed. 126 (1843).22 Although Continental Bank also acknowledged that the Bankruptcy Clause is not without limits, 294 U.S. at 669–70, ......
  • Ashton v. Cameron County Water Improvement Dist
    • United States
    • U.S. Supreme Court
    • May 25, 1936
    ... ... Counsel, Warner Gardner, and William Radner, all of Washington, D.C., for ...           The petitioner is a mere agency or instrumentality of the state, ... 798), amended the Bankruptcy Act of July 1, 1898, c. 541, 30 Stat. 544, by ... —120; In re Klein, reported in a note to Nelson v. Carland, 1 How. 265, 277, 11 L.Ed. 126, 130; ... the creditors on the other, the debtor-creditor relation is to be readjusted or extinguished. Cf ... ...
  • In re Bernier
    • United States
    • U.S. Bankruptcy Court — District of Connecticut
    • January 13, 1995
    ... ... Linda A. BERNIER, Defendant ... Bankruptcy No. 90-52302. Adv. No. 91-5258 ... United ... not affect the property rights of non-creditor third parties. Her argument appears to rely on ... (quoting Re Klein, reported in a note to Nelson v. Carland, 42 U.S. 265, 281, 1 How. 265, 277, ... ...
  • In re Persky
    • United States
    • U.S. Bankruptcy Court — Eastern District of New York
    • December 3, 1991
    ...limits of Congress' bankruptcy power are sparse. Ours starts with In re Klein, reported in a note to Nelson v. Carland, 42 U.S. (1 How.) 265, 11 L.Ed. 126 (1843), in which Justice Catron, sitting as a circuit judge, stated that the bankruptcy power "extends to all cases where the law causes......
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4 books & journal articles
  • Determining Congressional Intent Regarding Dischargeability of Imputed Fraud Debts in Bankruptcy - Theresa J. Pulley Radwan
    • United States
    • Mercer University School of Law Mercer Law Reviews No. 54-3, March 2003
    • Invalid date
    ...their comments and support and her research assistant, Sean Cox, for his countless hours of research. 1. Nelson v. Carland (In re Klein), 42 U.S. 265, 281 (1843). 2. 1 Collier Bankruptcy Manual ¶1.01 (Lawrence P. King ed., 3d ed. rev. 2002) (discussing evolution of bankruptcy law). 3. 11 U.......
  • THE CONSTRAINT OF HISTORY.
    • United States
    • Harvard Journal of Law & Public Policy Vol. 46 No. 2, March 2023
    • March 22, 2023
    ...adequate remedy for such evils."). (222.) OFFICIAL JOURNAL OF THE CONSTITUTIONAL CONVENTION, supra note 77. (223.) See Nelson v. Carland, 42 U.S. 265, 271-72 (1843) (Catron, J., (224.) See supra Figure 7 and accompanying text. (225.) Updike Toler & Cecere, supra note 14, at 319-20. (226......
  • Reconstructing the Bankruptcy Power: An Originalist Approach.
    • United States
    • Yale Law Journal Vol. 131 No. 1, October 2021
    • October 1, 2021
    ...the 1841 Act violated the Constitution), revd, 8 111. (3 Gilm.) 225 (1846). (142.) In re Klein, 14 F. Cas. 719. (143.) Nelson v. Carland, 42 U.S. 265, 265-66 (1843); id. at 266 (Catron, J., (144.) Act of Mar. 3, 1843, ch. 82, 5 Stat. 614. On the campaign leading up to repeal, see EDWARD J. ......
  • GAMBLING AND BANKRUPTCY IN NINETEENTH CENTURY AMERICA.
    • United States
    • American Bankruptcy Law Journal Vol. 97 No. 1, March 2023
    • March 22, 2023
    ...Court held, over Justice Catron's dissent, that it had no jurisdiction to consider an appeal raising the question. [See Nelson v. Carland, 42 U.S. 265 (1843).] Senator Thomas Hart Benton, who introduced the repeal in the Senate, accused the Act of being "unconstitutional at six different po......

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