Judgment Proofing, Bankruptcy Policy, and the Dark Side of Tort Liability

@inproceedings{Mooney1999JudgmentPB,
  title={Judgment Proofing, Bankruptcy Policy, and the Dark Side of Tort Liability},
  author={Jr. Charles W. Mooney},
  year={1999}
}
One need not be an astute student of the law of obligations to appreciate Professor Schwarcz's comprehensive rebuttal of Professor LoPucki's recent articles on judgment proofing.1 Schwarcz argues compellingly that judgment proofing is not likely to occur in arm's length contexts. Although judgment proofing may be more likely in non-arm's length situations, he also demonstrates persuasively that current doctrine is up to the task without the need for additional regulation. 

References

Publications referenced by this paper.

The Uniform Fraudulent Transfer Act may be less clear , as its drafters apparently may not have thought about tort claims as obligations affected by the statute

  • See Steven L. Harris, Charles W. Mooney
  • A PropertyBased Theory of Security Interests…
  • 1994