Title

Interpreting the Bankruptcy Code: An Empirical Study of the Supreme Court's Bankruptcy Decisions

Authors

Karen Gebbia, Golden Gate University School of LawFollow

Document Type

Article

Publication Date

2000

Abstract

The Supreme Court has issued forty-eight bankruptcy decisionsin the two decades since the Bankruptcy Code became law. In at least thirty of these cases, the Supreme Court granted certiorari to mediate conflicts among the circuit courts of appeal.

This article studies the Court's interpretive methods. Studies of lower court bankruptcy decisions might also provide valuable information concerning interpretive method, particularly if such studies examine whether conflicting decisions arise from conflicting interpretive methods, whether appellate courts and bankruptcy courts apply divergent interpretive methods, and whether textual or non-textual decisions are more frequently overruled by higher courts or legislative action.

Recommended Citation

3 Chapman L. Rev. 173 (2000).