Publication Date
1987
Journal
Michigan Law Review
Abstract
The article critically examines Jackson's theories on bankruptcy law, arguing that his "creditor's bargain" model is logically inconsistent and lacks empirical support. It highlights flaws in his assumptions of creditor equality and the justification for bankruptcy discharge, ultimately concluding that his work is ad hoc and unverifiable.
Volume
85
Issue
5 & 6
First Page
1341
Last Page
1389
Publisher
University of Michigan Law School
Disciplines
Bankruptcy Law | Jurisprudence | Law
Recommended Citation
David G. Carlson,
Philosophy in Bankruptcy,
85
Mich. L. Rev.
1341
(1987).
https://larc.cardozo.yu.edu/faculty-articles/1229
