Keach, Milne Published in Syracuse Law Review | “Unconstitutional Confluence of Statutory Mootness”

In Volume 71 Number 2 of the Syracuse Law Review, Bernstein Shur attorneys Robert J. Keach and Lindsay Zahradka Milne argue a commonly used bankruptcy statute is unconstitutional.

“The Constitution would appear to preclude this proverbial fox from guarding the henhouse, even if the fox is wise and well-intentioned,” Keach and Milne wrote in THE UNCONSTITUTIONAL CONFLUENCE OF STATUTORY MOOTNESS UNDER BANKRUPTCY CODE § 363(M) & BANKRUPTCY COURTS’ DISCRETION UNDER BANKRUPTCY RULE 6004(H).

Read more: Syracuse Law Review Volume 71 Number 2