University of Illinois Legal Working Paper Series
University of Illinois Law and Economics Working Papers
Top Twenty Issues in the History of Consumer Bankruptcy
Article comments
Forthcoming in University of Illinois Law Review, symposium issue on “Consumer Bankruptcy and Consumer Credit in the Wake of the 2005 Act”
Abstract
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 dramatically altered the system of consumer bankruptcy in the United States. In the wake of that landmark legislation, this article seeks to provide an historical context and perspective. The article identifies and highlights the “top twenty” consumer bankruptcy issues in the development of the Anglo-American bankruptcy tradition. These issues are grouped into the following broad categories: (1) who is eligible for bankruptcy relief; (2) what assets does the debtor get to keep; (3) what future income is shielded; and (4) who decides and how. Finally, the paper looks briefly at the moral aspect of consumer bankruptcy, viewed through an historical lens.
Subject Area
Law and Economics
Recommended Citation
Charles J. Tabb,
"Top Twenty Issues in the History of Consumer Bankruptcy"
(November 2005).
University of Illinois Legal Working Paper Series.
University of Illinois Law and Economics Working Papers.
Working Paper 48.
http://law.bepress.com/uiuclwps/papers/art48
No readers' reactions have been posted for this article. To submit one, copy the URL for this article (http://law.bepress.com/uiuclwps/papers/art48) and click here.