Of Contractarians and Bankruptcy Reform: A Skeptical View

13 Pages Posted: 28 Oct 2013

See all articles by Charles Jordan Tabb

Charles Jordan Tabb

University of Illinois College of Law

Date Written: 2004

Abstract

In response to Professor Barry Adler’s paper, Bankruptcy Primitives, where he argued that "[b]ankruptcy law could better serve its basic functions with greater freedom of contract both for individual and corporate debtors," this short essay argues that a non-waivable bankruptcy system, with a supervised bankruptcy process, and a non-waivable discharge right, are not only important, but are necessary and essential. In short, this essay seeks to support the proposition that bankruptcy should be a mandatory rule, rather than merely a default rule.

Suggested Citation

Tabb, Charles Jordan, Of Contractarians and Bankruptcy Reform: A Skeptical View (2004). American Bankruptcy Institute Law Review , Vol. 12, p. 259, 2004, Available at SSRN: https://ssrn.com/abstract=2316219

Charles Jordan Tabb (Contact Author)

University of Illinois College of Law ( email )

504 E. Pennsylvania Avenue
Champaign, IL 61820
United States
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217-244-1478 (Fax)

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