Optimal Deterrence and the Preference Gap
B Gotberg - BYU L. Rev., 2018 - HeinOnline
BYU L. Rev., 2018•HeinOnline
… However, deterrence theory suggests that the low likelihood of punishment and the cap
on punishment associated with preference law make it a very poor deterrence. Further,
empirical evidence drawn from interviews with affected creditors, debtors, and attorneys
demonstrates that in practice … From this point forth, this Article assumes that preference
law is not aimed at equality among creditors8 but rather at deterrence.Assuming both that
deterrence can work and that we should have laws deterring collection,10 preference law …
on punishment associated with preference law make it a very poor deterrence. Further,
empirical evidence drawn from interviews with affected creditors, debtors, and attorneys
demonstrates that in practice … From this point forth, this Article assumes that preference
law is not aimed at equality among creditors8 but rather at deterrence.Assuming both that
deterrence can work and that we should have laws deterring collection,10 preference law …
Laws that are internally inconsistent in their purpose, their application, and their consequences are inevitably (and accurately) perceived to be unfair by those whom they regulate. So it is with the law of preferential transfers in bankruptcy, which can
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