Document Type

Article

Comments

Forthcoming in The Yale Law Journal

Abstract

Since 2005, the Bankruptcy Code has limited Chapter 7 debtors to two asset retention options, reaffirmation and redemption. This Note explores the impact of the modified asset retention options both on the incentives of debtors and creditors during bankruptcy proceedings and on the deals they reach in practice.

While the 2005 revisions succeeded in eliminating an irksome circuit split, this Note illustrates the way in which they fostered deeper problems with asset retention. It argues that allowing ride-through – the option laid to rest in 2005 – would better achieve the bankruptcy goals of protecting debtors and creditors while promoting doctrinal uniformity.

Date of Authorship for this Version

2012

Keywords

Bankruptcy, Consumer Protection, Courts

Share

COinS