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An Empirical Examination Of Access To Chapter 7 Relief By Pro Se Debtors, Rafael I. Pardo
An Empirical Examination Of Access To Chapter 7 Relief By Pro Se Debtors, Rafael I. Pardo
Scholarship@WashULaw
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) represents the most significant overhaul of federal bankruptcy law since the Bankruptcy Code’s enactment in 1978. The legislation expanded the grounds on which a debtor’s Chapter 7 case may be dismissed. Moreover, it increased the administrative requirements imposed upon debtors who file for bankruptcy (e.g., increased financial disclosures), which in turn has had the effect of increasing the direct costs of filing for bankruptcy (e.g., filing fees and attorneys’ fees). With this increased complexity in accessing Chapter 7 relief, the question arises whether BAPCPA has had a disproportionate impact …
Setting The Record Straight: A Sur-Reply To Professors Lawless Et Al, Rafael I. Pardo
Setting The Record Straight: A Sur-Reply To Professors Lawless Et Al, Rafael I. Pardo
Scholarship@WashULaw
I have recently engaged in a scholarly exchange with Professors Robert M. Lawless, Angela K. Littwin, Katherine M. Porter, John A. E. Pottow, Deborah K. Thorne, and Elizabeth Warren that debates the conclusions they have drawn in their first report from the 2007 Consumer Bankruptcy Project (the First Report). Unfortunately, the reply of Professors Lawless et al. to my critique mischaracterizes, misinterprets, and does not fully engage with the constructive commentary that I suggested. This sur-reply clarifies the misperceptions and mischaracterizations of my commentary by Professors Lawless et al. and demonstrates that my arguments not only are grounded in a …
The Real Student-Loan Scandal: Undue Hardship Discharge Litigation, Rafael I. Pardo, Michelle R. Lacey
The Real Student-Loan Scandal: Undue Hardship Discharge Litigation, Rafael I. Pardo, Michelle R. Lacey
Scholarship@WashULaw
For a debtor to obtain a discharge of educational debt in bankruptcy, an adversary proceeding between the debtor and the creditor must be initiated, and the debtor must establish that repayment of the debt would impose an undue hardship. This empirical study documents and analyzes trial-level outcomes of such proceedings. An original data set has been compiled of all terminated undue hardship discharge proceedings in the U.S. Bankruptcy Court for the Western District of Washington that were commenced during the five-year period beginning on January 1, 2002 and ending on December 31, 2006. The study seeks to provide an account …