consumer bankruptcy

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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The GM & Chrysler Success

01/28/12

During the State of the Union address, the President crowed about the success of the GM/Chrysler bailouts, noting that these companies were thriving again. An NPR program this evening was holding up GM/Chrysler as a beacon of hope for Kodak, as if bankruptcy were now the fountain of corporate youth.  

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Consumer Friendly Forms for Bankruptcy

01/28/12

In many respects, bankruptcy is a one-size-fits-all legal process. Yes, there are ample differences in the law (and a world of difference in practice) between the bankruptcy of a large corporation and a typical consumer. But the Bankruptcy Code itself contains plenty of provisions of general applicability. A major example of the one-size-fits-all approach to bankruptcy is the official forms for filing a case.

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The Daily Docket: JeffCo to Make Smaller Bondholder Payments

01/23/12

Empowered by a recent court ruling, Jefferson County, Ala., leaders are planning to wield their bankruptcy case privileges to squeeze sewer system bondholders who—for nearly half a decade—have squeezed them. Read the Daily Bankruptcy Review article here.

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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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Race and Chapter 13

01/21/12

As Adam noted in his kind post, the New York Times today featured our study, "Race, Attorney Influence, and Bankruptcy Chapter Choice." My co-authors are Credit Slips blogger Jean Braucher, a law professor at the University of Arizona, and Dov Cohen, a professor at the University of Illinois who holds a cross appointment in psychology and law. And, we all express many thanks to the NYT reporter, Tara Siegel Bernard, who spent a lot of time slogging through the statistics and legal intricacies in our study.

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Kudos to Jean Braucher and Bob Lawless!

01/21/12

A new study by Credit Slips own Jean Braucher and Bob Lawless (with Dov Cohen) on race and bankruptcy filings received very prominent and well-deserved page A1 coverage in the New York Times.  It's a fabulous study, and it's wonderful to see it getting such great media attention. 

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Bankruptcy, Backwards

01/16/12

Credit Slips Own Anna Gelpern has a great new article in the Yale Law Journal that very much deserves a plug. It's called "Bankruptcy, Backwards:  The Problem of Quasi-Sovereign Debt." The article deals with the problems of financial distress for quasi-sovereigns, like US states or even to some degree EU member states.

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Foreclosure Timelines and Mortgage Delinquency: More Evidence from Bankruptcy

01/12/12

At the end of a lively session yesterday at Duke Law School featuring Professor Stephen Ware of University of Kansas Law School, there was a brief discussion of whether shorter foreclosure timelines and clearer rules would promote more workouts of delinquent mortgages.

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What is the Relationship Between Credit Cards and Mortgage Delinquency?

01/10/12

Previously I mentioned this new paper on homeowners in bankruptcy in the American Bankruptcy Law Journal. The central goal of the paper was to investigate what makes homeowners more or less likely to have mortgage troubles as they head into bankruptcy. One of the notable findings is that, across all the models, credit access had a significant effect on keeping mortgages current and avoiding foreclosure initiation (specifics l

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