July 07, 2011
Rakoff & Lawless
Posted by David Zaring
  • Why is Judge Rakoff suggesting that there might be constitutional problems with clawing back Madoff money from the Mets owners?  My guess is that he's thinking about Due Process issues (a lack of notice, and a switch in legal regimes based not on the conduct of the Wilpons, but on Madoff's conduct).  But bankruptcy has usually been able to get around these sorts of problems.
  • If you missed it, the Times built a story around Bob Lawless's explanations for the decline in consumer bankruptcies.

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