"Article 9's Bankrupt Proceeds Rule: Amending Bankruptcy Code Section 5" by G. Ray Warner
 

Authors

G. Ray Warner

Document Type

Article

Publication Title

Gonzaga Law Review

Publication Date

2011

Volume

46

First Page

521

Abstract

Ten years ago, just as revised Article 9 was becoming effective, I documented how several of the Article 9 revisions had little or no nonbankruptcy function, but were designed primarily to alter bankruptcy law outcomes in favor of secured creditors. I argued that such attempts to amend federal bankruptcy law through the state uniform laws revision process were improper and suggested theories that would limit or avoid the intended bankruptcy law changes. This anniversary symposium provides an excellent opportunity to revisit one of those Article 9 revisions in greater detail and see how successful the drafters' anti-bankruptcy agenda has been.

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