Abstract

http://ssrn.com/abstract=368680
 


 



Bankruptcy's Acephalous Moment: Postpetition Transfers Under the Bankruptcy Code


David Gray Carlson


Yeshiva University - Benjamin N. Cardozo School of Law


Cardozo Law School, Public Law Research Paper No. 59

Abstract:     
This article tests the constitutional structure of the bankruptcy estate in the theater of conveyances that occur after a bankruptcy petition is filed. The article advocates the view that a bankruptcy trustee is not the "absolute owner" of the bankruptcy estate but owns a lien on it. A surplus interest is owned by the debtor which can be conveyed in many situations without interference by a bankruptcy trustee. In the course of the study the article attempts to mediate between bankruptcy's automatic stay and the trustee's power to avoid postpetition conveyances under Bankruptcy Code Section 549(a).

Number of Pages in PDF File: 69

working papers series





Download This Paper

Date posted: January 12, 2003  

Suggested Citation

Carlson, David Gray, Bankruptcy's Acephalous Moment: Postpetition Transfers Under the Bankruptcy Code. Cardozo Law School, Public Law Research Paper No. 59. Available at SSRN: http://ssrn.com/abstract=368680 or http://dx.doi.org/10.2139/ssrn.368680

Contact Information

David Gray Carlson (Contact Author)
Yeshiva University - Benjamin N. Cardozo School of Law ( email )
55 Fifth Ave.
New York, NY 10003
United States
212-790-0210 (Phone)
212-790-0205 (Fax)

Feedback to SSRN


Paper statistics
Abstract Views: 1,267
Downloads: 142
Download Rank: 121,815

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.359 seconds