Abuse or Protection? Consumer Bankruptcy Reform under ‘BAPCPA’

Abuse or Protection? Economics of Bankruptcy Reform under Bapcpa

Prior to the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) of 2005, United States bankruptcy law provided a number of different mechanisms designed to both facilitate credit markets and provide some measure of consumption insurance. The interplay between chapter 7 and chapter 13 discharge procedures in particular influenced debtor behavior such that debtors s...

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When the Congress Says “ PIP Your KERP ” : Performance Incentive Plans , Key Employee Retention Plans and , Chapter 11 Bankruptcy Resolution

Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) imposed stringent requirements on Key Employee Retention Plan (KERP) adoptions and implicitly favored Performance Incentive Plans (PIPs) in the amended Chapter 11. We use court documents to differentiate between retention versus performance incentive plans, and examine their impact on bankruptcy resolution before and after...

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Federal Reserve Bank of New York Staff Reports The Bankruptcy Abuse Prevention and Consumer Protection Act: Means-Testing or Mean Spirited?

Thousands of U.S. households filed for bankruptcy just before the bankruptcy law changed in 2005. That rush-to-file was more pronounced, we find, in states with more generous bankruptcy exemptions and lower credit scores. We take that finding as evidence that the new law effectively reduces exemptions, which in turn should reduce the “demand” for bankruptcy and the resulting losses to suppliers...