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- Title
Bankruptcy, Debt Recharacterisation, and the Constitution--An Erie Relationship.
- Authors
Schlagel, Cameron J.
- Abstract
The article discusses the importance of debt versus equity characterization in bankruptcy in federal courts and constitutional considerations implicated in debt recharacterization cases. Topics include authority of bankruptcy courts to apply the doctrine of equitable subordination, constitutional limits on the power of bankruptcy courts and federalism and proposed solutions to the question of debt recharacterization.
- Subjects
UNITED States; DEBT; EQUITY (Law); BANKRUPTCY courts; BANKRUPTCY; SUBORDINATION agreements (Finance); DEBT laws; FEDERAL government of the United States
- Publication
American Bankruptcy Law Journal, 2019, Vol 93, Issue 1, p1
- ISSN
0027-9048
- Publication type
Article