Blake Rohrbacher

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More Equal than Others: Defending Property-Contract Parity in Bankruptcy

114 Yale L.J. 1099 (2005) Contracts create property; contractual rights and obligations are property. In bankruptcy, however, this aspect of nonbankruptcy law is often not recognized. This Note argues that bankruptcy law and policy should recognize the property in contract. This Note examines instances of inconsistency within the Bankruptcy Code and in bankruptcy courts' holdings to demonstrate how the acceptance...