Tuesday, 31 December 2013

Can a bankruptcy case be opened back up without violating double jeopardy?

Question

Can a bankruptcy case be opened back up without violating double jeopardy?



Answer

Double jeopardy is a concept in criminal law: the US Constitution guarantees that you cannot be tried twice for the same crime by the same sovereign. Bankruptcy is generally not a criminal matter (though there are crimes associated with bankruptcy that carry some pretty stiff penalties). A bankruptcy case can, depending on the need and the circumstances, often be reopened. Even under the criminal law construct, that would not constitute double jeopardy since reopening a case continues the same case; it is not a new matter.

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.



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