Date of Award
2018
Document Type
Thesis
Degree Name
Master of Judicial Studies (LL.M.)
Institution
Duke University School of Law
Abstract
This paper examines the effects of debtor savings on the viability of chapter 13 bankruptcy plans. The paper further examines the impact of lawyer culture, debtor participation in the bankruptcy process and judicial activism on the use of the savings program by chapter 13 debtors. Using a data set of randomly selected chapter 13 bankruptcy cases filed in the Southern District of Texas, the analysis demonstrates that while savings has a direct positive impact on the success of chapter 13 plans, the degree of that success is significantly influenced by the views held by debtors’ lawyers, chapter 13 trustees and judges.
Citation
Jones, David R., Savings—the Missing Element in Chapter 13 Bankruptcy Cases? (2018) (unpublished LL.M. thesis, Duke University School of Law)
Available at: https://scholarship.law.duke.edu/mjs/18
Library of Congress Subject Headings
Bankruptcy, Debt relief, Savings accounts, Judicial power, Debtor and creditor
Comments
Originally submitted as a theses in fulfillment of the requirements of the Master of Judicial Studies (LL.M.) degree. Then subsequently revised as a law review article in the American Bankruptcy Institute Law Review.