CIVIL FORFEITURE - A HIGHER FORM OF COMMERCIAL-LAW

In this Article, Messrs. Schwarcz and Rothman analyze the disquieting impact of civil forfeiture law on creditors' rights. The Article begin s by describing the historical origins of civil forfeiture and its dev elopment into current day law. The Article then explores the tension b etween forfeiture law and commercial and bankruptcy law by examining t he effect of a forfeiture action on unsecured and undersecured credito rs. The Article evaluates a recent model for balancing governmental an d commercial law interests, and concludes by suggesting reforms to the present civil forfeiture scheme.