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Article
What is Right about Bankruptcy Law and Wrong about its Critics
Washington University Law Quarterly
  • Samuel Bufford, Penn State Law
Document Type
Article
Publication Date
1-1-1994
Disciplines
Abstract
My comments in this paper focus on the papers in thus Symposium by Professors Barry Adler, James Bowers, and Philippe Aghion, Oliver Hart, and John Moore. I argue that the central points of these papers are gravely mistaken because they completely misunderstand the character of the bankruptcy caseload and procedures, they ignore some important purposes of bankruptcy reorganization, and they misstate the success rate for reorganizations. I have chosen these papers for comment for two reasons: they recommend radical changes in bankruptcy law, and they are based on the thinnest knowledge of bankruptcy practice. Incidentally, they also all take an economics approach to law.
Citation Information
Samuel Bufford. "What is Right about Bankruptcy Law and Wrong about its Critics" Washington University Law Quarterly Vol. 72 (1994) p. 829
Available at: http://works.bepress.com/samuel_bufford/2/