Frazier–Lemke Farm Bankruptcy Act
|Other short titles||
|Long title||An Act to amend an Act entitled "An Act to establish a uniform system of bankruptcy throughout the United States", approved July 1, 1898, and Acts amendatory thereof and supplementary thereto.|
|Enacted by||the 73rd United States Congress|
|Effective||June 28, 1934|
|Statutes at Large||48 Stat. 1289, Chapter 869|
|United States Supreme Court cases|
|Louisville Joint Stock Land Bank v. Radford|
Between 1933 and 1936, the United States Congress in conjunction with President Franklin D. Roosevelt passed several economic programs with the goals of giving work (relief) to the unemployed, reform of business and financial practices, and recovery of the economy during The Great Depression.
Roosevelt was interested in farm issues and believed that general prosperity would not return until farming was prosperous. Many different programs were directed at farmers. The first hundred days produced a federal program to raise farm incomes by raising the prices farmers received, which was achieved by reducing total farm output. The Agricultural Adjustment Act created the Agricultural Adjustment Administration (AAA) in May 1933. The act reflected the demands of leaders of major farm organizations, especially the Farm Bureau, and reflected debates among Roosevelt's farm advisers such as Secretary of Agriculture Henry A. Wallace, Rexford Tugwell, Lewis C. Gray and George Peek.
Bankruptcy Law Amendments
The U.S. 73rd Congressional session passed legislation during June 1934 which amended the Bankruptcy Act of 1898.
The Frazier–Lemke Act
The Frazier–Lemke Farm Bankruptcy Act restricted the ability of banks to repossess farms. The Act amended the previously voluntary Section 75, adding subsection (s). Subsection (s) delayed foreclosure of a bankrupt farmers' property for five years, during which the bankrupt made rental payments. The farmer could then buy back the property at its currently appraised value over six years at 1 percent interest, or remain in possession as a paying tenant.
The law was challenged by secured creditors, and by May 1935, the Supreme Court reviewed the law in Louisville Joint Stock Land Bank v. Radford. The Act was ruled unconstitutional because it deprived secured creditors of their property rights in violation of the Fifth Amendment to the United States Constitution to the Constitution.
Modification and renewal
Congress responded by enacting the revised Frazier–Lemke Act, naming it the "Farm Mortgage Moratorium Act" in 1935. The terms were modified, limiting the moratorium to a three-year period. The revision also gave secured creditors the opportunity to force a public sale, although the farmer could redeem the sale by paying the same amount.
- "Surviving the Dust Bowl". PBS. Retrieved 19 December 2008.
- Peters,Gerhard; Woolley, John T. "Franklin D. Roosevelt: "Statement Approving Amendments to Bankruptcy Law," June 30, 1934". The American Presidency Project. University of California - Santa Barbara. Retrieved July 28, 2013.
- "S. 3580: Agricultural Compositions and Extensions" (PDF). Federal Reserve Archival System for Economic Research (FRASER). Retrieved July 28, 2013.
- "H.R. 5884: Provisions for the Relief of Debtors, Additional Jurisdiction, Corporate Reorganizations" (PDF). Federal Reserve Archival System for Economic Research (FRASER). Retrieved July 28, 2013.
- Collier on Bankruptcy, 8-1200, P 1 b.
- (no login required to see necessary information)"Frazier–Lemke Farm Bankruptcy Act: A Dictionary of American History". Blackwell Reference Online. Retrieved 19 December 2008.
- "Frazier–Lemke Farm Bankruptcy Act". US History Encyclopedia. Jeremy Bonner. Published on About.com.
- 295 U.S. 555 (1935)
- "Chapter 12: Bankruptcy Relief for Family Farmers". National Bankruptcy Review Commission. Retrieved 19 December 2008.
- Public Law 73-486, 73d Congress, S. 3580, An Act to amend an Act entitled "An Act to establish a uniform system of bankruptcy throughout the United States", approved July 1, 1898, and Acts amendatory thereof and supplementary thereto. Amending section 75, entitled "Agricultural Compositions and Extensions" [Frazier–Lemke Farm Bankruptcy Act of 1934]