Legal Question in Bankruptcy in District of Columbia
Can a bankruptcy case be opened back up without violating double jeopardy?
1 Answer from Attorneys
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.
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