Civil Forfeiture: A Higher Form of Commercial Law?
Steven L. Schwarcz
Duke University - School of Law
Alan E. Rothman
affiliation not provided to SSRN
Fordham Law Review, Vol. 62, p. 287, 1993
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 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.
Number of Pages in PDF File: 34Accepted Paper Series
Date posted: December 5, 2005
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