The Costs of BAPCPA: Report of the Pilot Study of Consumer Bankruptcy Cases

47 Pages Posted: 9 Oct 2010  

Lois R. Lupica

University of Maine School of Law

Date Written: September 10, 2010

Abstract

Substantial changes were made to the consumer bankruptcy system with the enactment of BAPCPA. These changes, however, were enacted without data support for, or recognition of how such changes would affect the cost of accessing the bankruptcy system. The Costs of BAPCPA Pilot Study undertook a review of the costs of the consumer bankruptcy system following BAPCPA's enactment, to determine if costs were increased, and if so, whether these costs were passed on to the consumer. The issue of "costs" distills the question of what attorneys are charging consumers to represent them under the new regime. Thus a study of the costs of the consumer provisions of BAPCPA is in essence, the study of consumer bankruptcy attorney fees. The study also sought and discovered the answer to the question of whether unsecured creditor distributions were impacted by BAPCPA.

Keywords: BAPCPA, consumer bankruptcy, attorney fees, Pilot Study, empirical study, data, data collection, statistical analysis, regression analysis, unsecured creditors, distributions, no-asset case, no-look fee, Chapter 7, Chapter 13

Suggested Citation

Lupica, Lois R., The Costs of BAPCPA: Report of the Pilot Study of Consumer Bankruptcy Cases (September 10, 2010). American Bankruptcy Institute Law Review , Vol. 18, 2010. Available at SSRN: https://ssrn.com/abstract=1675044

Lois R. Lupica (Contact Author)

University of Maine School of Law ( email )

246 Deering Avenue
Portland, ME 04102
United States

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