Repeat Studies of Repeat Filers: How We Should Learn About Law

Abstract

Legal scholars fret that another publication will preempt their articles by examining the same topic. In Volume 89:2 of the American Bankruptcy Law Journal, two studies tackle the issue of repeat filers of bankruptcy. Professor Laura Bartell has published Stay Imposed –The Failed Policy of Section 362(c)(4) and Professor Sara Greene has published The Failed Reform: Congressional Crackdown on Repeat Chapter 13 Bankruptcy Filers. Working independently and using different data and methodology, both scholars identify a serious problem in consumer bankruptcy. This brief introductory essay identifies the value of repeat studies of legal issues and highlights the most provocative aspects of Bartell’s and Greene’s articles. Together, the studies bring clarity and insight about how the bankruptcy system should treat repeat filers and give confidence in policy reform that would be elusive or unlikely with a single study.

Keywords: Consumer Bankruptcy, Bankruptcy, Automatic Stay, Repeat Filers