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Full-Text Articles in Bankruptcy Law
Reforming Preference Law, Dalie Jimenez
Reforming Preference Law, Dalie Jimenez
Dalie Jimenez
This article responds to Brook Gotberg's proposal to do away with preference liability in certain Chapter 11 cases and provides empirical evidence of preferential transfers in consumer Chapter 7 cases.
The Role Of Empirical Data In Developing Bankruptcy Legislation For Individuals, Marjorie L. Girth
The Role Of Empirical Data In Developing Bankruptcy Legislation For Individuals, Marjorie L. Girth
Marjorie L. Girth
Symposium: As We Forgive Our Debtors
The Debtor Class, Kara J. Bruce
The Debtor Class, Kara J. Bruce
Kara J. Bruce
In recent years, individuals seeking bankruptcy protection have encountered an unexpected harm: their lenders have misrepresented the amounts they owe, lost or misapplied their loan payments, and violated clear requirements of bankruptcy law and procedure. Recent investigations of consumer bankruptcy cases reveal widespread abuse of the bankruptcy code, ranging from the filing of unsupported or overinflated proofs of claim to violations of the automatic stay and discharge injunction. Such practices undermine consumer bankruptcy’s central goals to provide consumer debtors a fresh financial start and to achieve the fair treatment of and distribution of assets to creditors. Because many debtors affected …