CIVIL FORFEITURE - A HIGHER FORM OF COMMERCIAL-LAW

Citation
Sl. Schwarcz et Ae. Rothman, CIVIL FORFEITURE - A HIGHER FORM OF COMMERCIAL-LAW, Fordham law review, 62(2), 1993, pp. 287-320
Citations number
27
Categorie Soggetti
Law
Journal title
ISSN journal
0015704X
Volume
62
Issue
2
Year of publication
1993
Pages
287 - 320
Database
ISI
SICI code
0015-704X(1993)62:2<287:CF-AHF>2.0.ZU;2-U
Abstract
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.