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Article
One Hundred Years of Federal Bankruptcy Law and Still Clinging to an In Rem Model of Bankruptcy Jurisdiction
Bankruptcy Developments Journal (1999)
  • Ralph Brubaker
Abstract
This essay sketches the historical development of bankruptcy jurisdiction as a means of assessing the prevailing contemporary model of the outer limits of federal bankruptcy jurisdiction, as embodied primarily in the so-called Pacor test. This historical lens reveals an anomalous in rem slant that persists in federal bankruptcy jurisdiction, despite both clear congressional intent to rid bankruptcy jurisdiction of in rem strictures and significant deleterious consequences for the efficacy of federal bankruptcy litigation.
Disciplines
Publication Date
1999
Citation Information
Ralph Brubaker. "One Hundred Years of Federal Bankruptcy Law and Still Clinging to an In Rem Model of Bankruptcy Jurisdiction" Bankruptcy Developments Journal Vol. 15 (1999) p. 261
Available at: http://works.bepress.com/ralph_brubaker/16/