Conference Proceeding

Response to Professor Gross: Taking the Interests of the Community into Account in Bankruptcy—A Modern-Day Tale of Belling the Cat

Author: Barry S. Schermer (U.S. Bankruptcy Court, Eastern District of Missouri)

  • Response to Professor Gross: Taking the Interests of the Community into Account in Bankruptcy—A Modern-Day Tale of Belling the Cat

    Conference Proceeding

    Response to Professor Gross: Taking the Interests of the Community into Account in Bankruptcy—A Modern-Day Tale of Belling the Cat

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Abstract

Professor Gross' proposal to take community interests into account in bankruptcy is reminiscent of the proposal to bell the cat. Both suggestions present a solution on the theoretical level, but both are certain to fail in their application because they do not consider present realities. The community interest argument fails on three fronts: definition, application, and the role of the decisionmaker. After a short illustration, each shortcoming will be addressed in turn.

Keywords: Bankruptcy law, United States, Bankruptcy, Communitarianism

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Published on
1994-01-01

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