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

69 Pages Posted: 12 Jan 2003  

David Gray Carlson

Yeshiva University - Benjamin N. Cardozo School of Law

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).

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: https://ssrn.com/abstract=368680 or http://dx.doi.org/10.2139/ssrn.368680

David Gray Carlson (Contact Author)

Yeshiva University - Benjamin N. Cardozo School of Law ( email )

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