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The Supreme Court, The Solicitor General, And Bankruptcy: Bfp V. Resolution Trust Corporation, Ronald Mann
The Supreme Court, The Solicitor General, And Bankruptcy: Bfp V. Resolution Trust Corporation, Ronald Mann
Ronald Mann
Using information from Justice Blackmun's files and the case, and a dataset matching Supreme Court bankruptcy decisions with information about participation by the Solicitor General, the paper argues that the SG's participation in secured creditor disputes in the mid-1990's is a big part of the explanation of this counter-textual case. The paper introduces a broader theory of bankruptcy interpretation that I call "bankruptcy skepticism," rejecting claims that bankruptcy interpretation by the Supreme Court has been literalist.
Bankruptcy Reform And The "Sweat Box" Of Credit Card Debt, Ronald Mann
Bankruptcy Reform And The "Sweat Box" Of Credit Card Debt, Ronald Mann
Ronald Mann
An outgrowth of Part V of Charging Ahead, this paper discusses the relation between the credit card business model and BAPCPA, using post-BAPCPA data on bankruptcy filings to explore the effects of BAPCPA.