SINCE 1969, AND TE DECISION in Sniadach v. Family Finance Corp.,' the confrontation between the creditor and the constitution has continued apace. Sniadach began an expansion of the measure of due process applicable to creditors' prejudgment remedies, and heralded a new era of protection for the property interests of vendee-debtors under the cloak of the fourteenth amendment. However, the most recent decision of the Supreme Court on summary prejudgment remedies, Mitchell v. W. T. Grant Co., appears to have abruptly halted that expansion and has returned judicial thinking to a concept of due process prevalent in the pre-Sniadach era. Accordingly, a new analysis of the role of due process in the context of secured transactions and prejudgment remedies is in order.
Pickut, Sandra J.
"Courts, Creditors' Rights; Debtors' Protection; Sequestration; Mitchell v. W.T. Grant Co.,"
Akron Law Review: Vol. 8
, Article 6.
Available at: http://ideaexchange.uakron.edu/akronlawreview/vol8/iss2/6