Constitutionality of Us Bankruptcy Code Preemption of Mortgage Foreclosure Statutes, and Related Economic Effects
Michael C. I. Nwogugu
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.
Number of Pages in PDF File: 38
Keywords: Bankruptcy law, real property prices, foreclosure laws, complexity, capital markets, secured transactions
Date posted: January 13, 2007 ; Last revised: November 30, 2009