Revised Article 9, the Proposed Bankruptcy Code Amendments and Securitizing Debtors and Their Creditors

Authors

Lois R. Lupica, University of Maine School of LawFollow

Document Type

Article

Publication Date

2002

Abstract

The new provisions in Revised Article 9 both reflects the drafters’ decision to enhance secured creditors’ rights, but also includes myriad provisions designed to facilitate securitization transactions. Because bankruptcy law looks to state law (specifically Article 9) to determine the rights of creditors and transferees with respect to personal property, changes to Article 9 are in effect, changes to bankruptcy law. The question raised by the changes to Article 9 is whether these changes are consistent with our historical understanding of bankruptcy policy.

Publication Title

Fordham Journal of Corporate and Financial Law

Volume

7

Article Number

1064

First Page

321

Suggested Bluebook Citation

Lois R. Lupica, Revised Article 9, the Proposed Bankruptcy Code Amendments and Securitizing Debtors and Their Creditors, 7 Fordham J. Corp. & Fin. L. 321 (2002).
Available at: https://digitalcommons.mainelaw.maine.edu/faculty-publications/65