What are the positive and normative implications of eliminating bankruptcy protection for indebted individuals? Without bankruptcy protection, creditors can collect on defaulted debt to the extent permitted by wage garnishment laws. The elimination lowers the default premium on unsecured debt...

The introduction of American ideas of consumer bankruptcy in European continental civil law systems appears to present an opportunity to resolve some of the paradoxes of paternalism analysed by Ogus. Bankruptcy law for individuals in Europe has evolved from a neglected field of procedural civil...

This article measures the impact of state laws on defaulting borrowers. Prior literature has assessed the impact of laws that limit the enforcement of judgments on bankruptcy filings. However, (1) the majority of defaulting consumers do not file for bankruptcy, and (2) most debt collection takes...

Empirical research in bankruptcy has expanded rapidly in the past twenty years. The increase in scholars interested in the subject, the ease of obtaining relevant data from court files, and new technological developments have contributed to this expansion.However, the expansion of this research...

The Consumer Bankruptcy Fee Study's discovery of the magnitude of the increase of cost of system access caused by BAPCPA begs the further question of the consequences of the more expensive and elaborate system. In an environment of finite assets, who, if anyone, benefited from, was harmed or...