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During the three decades following the enactment of the Bankruptcy Code, courts and commentators have been vexed by the … continues to abound.The main goal of this Article is to reconceptualize present-value analysis in consumer bankruptcy. It argues … that, as a positive matter, the Bankruptcy Code compels use of a discount rate that solely accounts for expected inflation …
Persistent link: https://www.econbiz.de/10013133000
The 2005 Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) includes two educational provisions which … require debtors to complete an approved credit counseling course prior to filing for bankruptcy and a financial education … benefiting from the requirement. A multi-phase research study was launched in 2009 to investigate the impact of BAPCPA …
Persistent link: https://www.econbiz.de/10013135864
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 … blossoming field of social policy and consumer protection. This article sketches the history of ‘bankruptcy waves' and reflects …
Persistent link: https://www.econbiz.de/10013138343
A continuing theme of our work, and that of others, has been the failure of insolvency law to keep pace with the new … problems faced by low-income debtors. Researchers have suggested that the cost of personal bankruptcy puts it beyond the reach … income debtors would take advantage of bankruptcy if the price was lower. In this paper, we analyze another industry — the …
Persistent link: https://www.econbiz.de/10013117251
consumer bankruptcy system and its principal stakeholders. Until now, empirical study of BAPCPA's impact has focused primarily …The Consumer Fee Study's primary objective is to identify and monetize these costs of bankruptcy access through the … analysis of quantitative and qualitative data gathered from court dockets and from professionals working within the bankruptcy …
Persistent link: https://www.econbiz.de/10013101691
Canadian households are saddled with unprecedented amounts of debt. As a percentage of income, debt levels of Canadians are higher than at any point in recent history and are now higher than those of American households. Recent debates have largely focused on the housing market and on the risks...
Persistent link: https://www.econbiz.de/10013107284
bankruptcy filers. In particular, our data allow us to distinguish between Chapter 7 and Chapter 13 bankruptcy filings, to … after bankruptcy filing, most filers have much reduced access to credit in terms of credit limits, and the impact seems to …). Our results, in contrast to prior studies, thus suggest that the current bankruptcy system does not appear to provide much …
Persistent link: https://www.econbiz.de/10013081474
Empirical research in bankruptcy has expanded rapidly in the past twenty years. The increase in scholars interested in … remain difficult and plagued with inconsistency. Moreover, some relevant facts pertinent to the bankruptcy system cannot be … bankruptcy; it argues that empirical studies have had an important influence on specific issues in the debates leading to the …
Persistent link: https://www.econbiz.de/10013089191
With record levels of unemployment in Arkansas contributing to rising bankruptcy filings, the increased demand for … bankruptcy representation should incentivize attorneys to consider developing a fundamental working knowledge of bankruptcy law …) individual and joint bankruptcies. The article's scope includes: (1) an overview of bankruptcy; (2) background on debtor …
Persistent link: https://www.econbiz.de/10013090025
This article reviews the law and economics of consumer debt collection and its regulation, a topic that has taken on added urgency in light of the announcement by the Consumer Financial Protection Bureau that it is considering new regulations on the subject. Although stricter regulation of...
Persistent link: https://www.econbiz.de/10013015762