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.