Indiana Bankruptcy Law (IN)

Federal preemption of citizens rights in the State of Indian after reform

The national reform of state laws is thrives in Indiana. Through the recent enactment of new bankruptcy laws, many state rights of Indiana citizens have been preempted by federal law. New caps on property exemptions, new income restrictions based on the Indiana median income level, and increased requirements for state citizenship (in the eyes of federal courts) now apply to all people filing bankruptcy in Indiana.

Pervasive preemption of state laws on a national level is not new. In one sense, the federal government is homogenizing state law to create a one-size-fits-all approach for determining citizens rights. In the past, each state was responsible, according to the US Constitution, and retained all authority not specifically given to the federal government under specific terms included within the US Constitution. Today however, according to expansive interpretations of federal rights by conservative judges, even states are experiencing difficult assert their autonomy from the federal government. This fact may be most clearly seen in the increase in federal suits filed simultaneously by all state Attorney General Offices contesting federal preemption.