Constitutionality of Us Bankruptcy Code Preemption of Mortgage Foreclosure Statutes, and Related Economic Effects
Michael C. I. Nwogugu
affiliation not provided to SSRN
2006
Abstract:
This article: 1) analyzes the constitutionality of US Bankruptcy Code preemption of State-law Mortgage Foreclosure laws; and 2) analyzes inherent conflicts between the federal bankruptcy laws and state real estate laws; 3) shows that these violations of constitutional law and conflicts-of-laws create increased information asymmetry, increased transaction costs and compliance costs, and inefficiency in real estate transactions.
Keywords: Bankruptcy law, real property prices, foreclosure laws, complexity, capital markets, secured transactions
working papers series
Suggested Citation
Nwogugu, Michael C. I., Constitutionality of Us Bankruptcy Code Preemption of Mortgage Foreclosure Statutes, and Related Economic Effects (2006). Available at SSRN: http://ssrn.com/abstract=955914 or http://dx.doi.org/10.2139/ssrn.955914
