Professor Charles Jordan Tabb Reviews the Top Twenty Issues in the History of Consumer Bankruptcy
University of Illinois Law School Professor Charles Jordan Tabb has made available at the Social Science Research Network a working paper entitled The Top Twenty Issues in the History of Consumer Bankruptcy. The article's abstract on SSRN provides:
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.
This is a great article for those interested in the development of consumer bankruptcy law in America. The article also includes a four page bibliography with citations to many classics in legal scholarship on the history of bankruptcy law.
The biggest, most hidden, demonstrative issue of the Act of 2005 is the repeal of the disclosure requirements of investment banks, etc.
With a vastly perverted use of the "special counsel" provision,,, now coupled with no disclosure statue on Investment Banks there are no boundries to conflicts manipulations.
See In re: Etoys 01-706
This is a great post on the history of bankruptcy written by Professor Charles Jordan Tabb. He has clearly given the 4 issues which are top in the consumer bankruptcy. Good article to understand and read about bankruptcy.