Contribution to Book
The Supreme Court, the Solicitor General, and Bankruptcy: BFP v. Resolution Trust CorporationBankruptcy Stories (2007)
AbstractUsing information from Justice Blackmun's files and the case, and a dataset matching Supreme Court bankruptcy decisions with information about participation by the Solicitor General, the paper argues that the SG's participation in secured creditor disputes in the mid-1990's is a big part of the explanation of this counter-textual case. The paper introduces a broader theory of bankruptcy interpretation that I call "bankruptcy skepticism," rejecting claims that bankruptcy interpretation by the Supreme Court has been literalist.
Publication DateMarch, 2007
EditorRobert K. Rasmussen
Citation InformationRonald Mann. "The Supreme Court, the Solicitor General, and Bankruptcy: BFP v. Resolution Trust Corporation" Bankruptcy Stories (2007)
Available at: http://works.bepress.com/ronald_mann/19/