The Logic and Limits of Bankruptcy Law

by Jackson, Thomas H.

• ISBN13: 9781587981142
• ISBN10: 1587981149
• Format: Paperback
• Copyright: 2001-10-01
• Publisher: Lightning Source Inc

Author Biography

Thomas H. Jackson was born in 1950. He graduated from Williams College in 1972, and earned his law degree from Yale Law School in 1975. He clerked for U.S. District Court Judge Marvin E. Frankel from 1975 to 1976, and for Supreme Court Justice William H. Rehnquist from 1976 to 1977. He was on the Stanford University faculty from 1977 to 1986, and professor of law at Harvard Law School from 1986 to 1988. In 1988 he became the Arnold H. Leon Professor of Law and Dean of Virginia's School of Law, and then became Vice President and Provost of the University of Virginia. Since July 1994 he has been President of the University of Rochester and also holds faculty positions in the University's Department of Political Science and in the Graduate School of Business Administration

Table of Contents

Introduction: The Two Roles of Bankruptcy Law	1	(6)
The Role of Bankruptcy Law and Collective Action in Debt Collection	7	(13)
Determining Liabilities and the Basic Role of Nonbankruptcy Law	20	(48)
Refining Liabilities: The Basic Trustee Avoiding Powers of Section 544	68	(21)
Determining the Assets Available for Distribution	89	(16)
Executory Contracts in Bankruptcy: The Combination of Assets and Liabilities	105	(17)
Prebankruptcy Opt-Out Activity and the Role of Preference Law	122	(29)
Running Bankruptcy's Collective Proceeding	151	(42)
Timing the Bankruptcy Proceeding: The Problems of Proper Commencement	193	(16)
Reconsidering Reorganizations	209	(16)
The Fresh-Start Policy in Bankruptcy Law	225	(28)
The Scope of Discharge and Exempt Property	253	(28)
Index to Bankruptcy Code Sections	281	(2)
General Index	283