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General Theory Of The Dynamics Of The State Remedies/Bankruptcy System, Lynn M. Lopucki

UF Law Faculty Publications

The term ‘state remedies/bankruptcy system’ will be used in this article to refer to the system provided by law to compel the payment of debt and to protect debtors from the collection efforts of their creditors. The division between these two purposes is reflected in the institutions which comprise the state remedies/bankruptcy system. Generally speaking, it is the state courts acting under state law such as that providing for attachment, garnishment, execution, or discovery in aid of these proceedings, that enforce the creditor's right to payment. The federal bankruptcy courts, on the other hand, seem primarily to provide protection to …