Civil Forfeiture: A Higher Form of Commercial Law?

Schwarcz, Steven L. & Rothman, Alan E.

Journal: Fordham Law Review

Volume: 62

First Page: 287

Year: 1993

Bluebook Citation: 62 FORDHAM L. REV. 287 (1993)

Author: Steven L. Schwarcz: all 63 publications


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  • 1997Georgia v. Bell (In re Bell) Bankr. N.D. Ga.

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Abstract

In this Article, Messrs. Schwarcz and Rothman analyze the disquieting impact of civil forfeiture law on creditors' rights. The Article begins by describing the historical origins of civil forfeiture and its development into current day law. The Article then explores the tension between forfeiture law and commercial and bankruptcy law by examining the effect of a forfeiture action on unsecured and undersecured creditors.

The Article evaluates a recent model for balancing governmental and commercial law interests, and concludes by suggesting reforms to the present civil forfeiture scheme.

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