Review: Through Bankruptcy with the Creditors' Bargain Heuristic

Scott, Robert E.

I develop this thesis in Part I of the essay. A review of the basic creditors' bargain theme illustrates its extraordinary power as a method of understanding and justifying prominent features of bankruptcy law. Part II introduces an alternative heuristic which can be seen as either a complementary or a competing vision. This vision highlights the limits of any single heuristic and demonstrates the value of a richer conception of the bankruptcy process. Yet, such additional themes can be introduced successfully only if the student previously has been grounded in bankruptcy theory. Thus, I conclude that the Baird and Jackson conceptual framework is a significant advance in the teaching of the bankruptcy law even for those who do not share their unqualified commitment to the creditors' bargain heuristic.


  • thumnail for Through_Bankruptcy_with_the_Creditors_Bargain_Heuristic.pdf Through_Bankruptcy_with_the_Creditors_Bargain_Heuristic.pdf application/pdf 1.68 MB Download File

Also Published In

The University of Chicago Law Review

More About This Work

Academic Units
University of Chicago Law Review
Published Here
January 28, 2016