2006: A Consumer Bankruptcy Odyssey
Loading...
Authors
Neustadter, Gary
Issue Date
2006
Volume
39
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|Congress has concluded that the voyage of consumer bankruptcy in the United States is off course and that some of its crew - consumer bankruptcy attorneys and bankruptcy judges - no longer can be completely trusted at the helm. Following years of drama reminiscent of the 1914 silent film serial "Perils of Pauline," we now have a midcourse correction: the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("the Act"). Save perhaps the 1938 introduction of Chapter XIII, the correction presents the most far reaching changes in consumer bankruptcy law since the adoption of the Bankruptcy Act of 1898. These changes come little more than a decade after Congress established a National Bankruptcy Review Commission (the second such commission in twenty-five years) to review, improve, and update the Bankruptcy Code "in ways which do not disturb the fundamental tenets and balance of current law." A House Report accompanying the legislation that established the second Commission pronounced Congress "generally satisfied with the basic framework established in the current Bankruptcy Code."...
Description
Citation
39 Creighton L. Rev. 225 (2005-2006)
Publisher
Creighton University School of Law