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Theodor de Bry’s 1590 engraving of Secoton, from John White’s watercolors. Public domain.

Theodor de Bry’s 1590 engraving of Secoton, from John White’s watercolors. Public domain.

WallPost·America 250 · Article 077 of 250
The Decision · 1841

A Short Law for People Who Could Not Pay

At a glance

For two years a federal law let ruined debtors seek a discharge in court instead of sitting in jail for what they owed.

If money is tight

A laborer who could not pay the store or the landlord had a brief chance at a legal fresh start.

If you are in the middle

A farmer or shop owner buried in notes could file and try to keep working instead of hiding from the sheriff.

If you already have assets

Creditors who had lent into the boom of the 1830s lost claims they had expected the courts to enforce.

The Bankruptcy Act of 1841 let a debtor, not only a creditor, petition a federal court for relief.

It was widely used and hated by many lenders.

Congress repealed it in 1843.

Bankruptcy Act of 1841, 5 Stat. 440; Edward J. Balleisen, Navigating Failure (2001)