2005 Bankruptcy Amendments (BAPCPA)

Tax Rebates Lead to Bankruptcy Filings

03/29/12

Jialin Wing has a blog post up summarizing her and her co-authors very interesting NBER paper estimating that at least 30,000 to 60,000 liquidity constrained households this will be priced out of bankruptcy because of the increased costs that came with the 2005 changes to the bankruptcy law.

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NACBA warns of student loan "debt bomb"

02/10/12

At its annual Capitol Hill Day in Washington this week, the National Association of Consumer Bankruptcy Attorneys sounded an alarm about the growing student loan problem, calling it a “debt bomb.” NACBA released a survey of its members indicating that more potential clients these days have unmanageable educational loans and are facing aggressive collection efforts. See http://www.nacba.org/Legislative/StudentLoanDebt.aspx.

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Evaluating Mandatory Financial Education in Bankruptcy

01/28/12

In 2005, Congress amended bankruptcy law to require individual debtors with primarily consumer debts to complete an "instructional course on personal financial management" to be eligible to receive a discharge of their debts.

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How to Address Apparent Racial Disparity in the Consumer Bankruptcy System

01/21/12

The article discussed in the N.Y. Times story today is heavily empirical. It is also deliberately light on the prescriptive.

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From the Sixth Circuit with Love (for Creditors)

02/07/11

Last Friday, the U.S. Court of Appeals for the Sixth Circuit released an opinion in a case called Carroll v. Baud. The decision, which generally ended badly for the consumer bankruptcy filers involved in the case, involved technical interpretive issues caused by the drafting mess that was the 2005 bankruptcy law. What caught my eye were not the holdings themselves, but the way the court got there.

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