Harmonizing the Policy of the Bankruptcy Code and Article 9

Authors

Edwin E. SmithFollow
Elizabeth Warren, Harvard Law SchoolFollow
James J. White, University of Michigan Law SchoolFollow

Document Type

Conference Proceeding

Publication Date

1996

Abstract

In a true sense bankruptcy law--at least as represented by the 1978 Code--is in conflict, not in harmony, with Article 9. To a considerable degree (perhaps more than they realize) debtors and unsecured creditors got things they wanted from Congress by the adoption of the Bankruptcy Reform Act of 1978. It is doubtful that that Act could have been passed in any Congress before or since. In many ways, the rights of the debtor and of the unsecured creditors have been cut back since the adoption of the Bankruptcy Reform Act.

Recommended Citation

Smith, Edwin E. "Harmonizing the Policy of the Bankruptcy Code and Article 9." Elizabeth Warren and James J. White, co-authors. In The Emerged and Emerging New Uniform Commercial Code: ALI-ABA Course of Study Materials, 273-77. New York: 1996.