Abstract
As a real estate professor, I tend to focus on bankruptcy only as it intersects with mortgage law and Article 9 of the Uniform Commercial Code. Thus, I feel somewhat out of my element as a commenter in this symposium, and my observations may be suspect coming from a bankruptcy "outsider." But as an outside observer, it seems troublesome that bankruptcy's dispute resolution system - and particularly its multiple layers of appellate review - has always been so poorly designed to produce doctrinal clarity. And even if BAPCPA does resolve a number of specific legal issues that have bedeviled the system, it does not sufficiently address this broader structural problem
Recommended Citation
R. Wilson Freyermuth,
Crystals, Mud, BAPCPA, and the Structure of Bankruptcy Decisionmaking,
71 Mo. L. Rev.
(2006)
Available at: https://scholarship.law.missouri.edu/mlr/vol71/iss4/11