38 Pages Posted: 13 Jan 2007 Last revised: 30 Nov 2009
Date Written: 2006
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
Suggested Citation: Suggested Citation
Nwogugu, Michael C. I., Constitutionality of Us Bankruptcy Code Preemption of Mortgage Foreclosure Statutes, and Related Economic Effects (2006). Available at SSRN: https://ssrn.com/abstract=955914 or http://dx.doi.org/10.2139/ssrn.955914