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Adverse Impact of the Federal Bankruptcy Law on the Government's Rights in Relation to the Contractor in Default

Scott E. Ransick

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Abstract

This thesis examines the conflicts that arise between the Bankruptcy Code and the government contracts disputes resolution system when a contractor doing business with the Federal Government files for bankruptcy protection. These conflicts severely limit the Federal Government's ability to exercise its contractual remedies and prevent disruption of the procurement process. This thesis concludes that regulatory and legislative reform is only available to the Federal Government in the limited areas concerning title to progress payment property and jurisdiction over liquidation of contractual claims.

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What this paper is about

This thesis examines the conflicts that arise between the Bankruptcy Code and the government contracts disputes resolution system when a contractor doing business with the Federal Government files for bankruptcy protection. These conflicts severely limit the Federal Government's ability to exercise its contractual remedies and prevent disruption of the procurement process. This thesis concludes that regulatory and legislative reform is only available to the Federal Government in the limited areas concerning title to progress payment property and jurisdiction over liquidation of contractual claims.

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Available abstract

This thesis examines the conflicts that arise between the Bankruptcy Code and the government contracts disputes resolution system when a contractor doing business with the Federal Government files for bankruptcy protection. These conflicts severely limit the Federal Government's ability to exercise its contractual remedies and prevent disruption of the procurement process. This thesis concludes that regulatory and legislative reform is only available to the Federal Government in the limited areas concerning title to progress payment property and jurisdiction over liquidation of contractual claims.

Key concepts: Bankruptcy, Government (linguistics), Business, Legislature, Jurisdiction, Government procurement, Payment, Insolvency

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Adverse Impact of the Federal Bankruptcy Law on the Government's Rights in Relation to the Contractor in Default — Research Paper | ScholarLens