Current Debates in Bankruptcy Law

Catalog description

This seminar will examine selected topics in bankruptcy law, including whether it is simply a procedural remedy for enforcing substantive rights parties have outside bankruptcy or an opportunity more fairly to redistribute assets (or losses) among stakeholders? Should be Bankruptcy Code be read like any other statute, or do we need special principles for bankruptcy law, and broad equitable powers for bankruptcy courts, to encourage businesses and consumers to reorganize? Should bankruptcy be allowed to more thoroughly shield consumers from collection efforts, or do we prioritize creditors' efforts to get paid?