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Small Victories

Divided Argument

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Examining Bankruptcy Fees and Constitutional Violations

The chapter explores a legal case involving bankruptcy fees and disparities in charges for Chapter 11 debtors across different districts, addressing whether these differences constitute a violation of the uniformity clause in the bankruptcy clause of the Constitution. The conversation delves into the implications of the court's decision on granting refunds as a remedy for the alleged constitutional violation, highlighting the complexities in judicial approaches to such cases. It also discusses the practical challenges with the bankruptcy system, including the lack of Congressional appropriation and the complexities in handling judgment funds.

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