Savings: The Missing Element in Chapter 13 Bankruptcy Cases?

30 Pages Posted: 30 Jun 2018  

David Jones

Duke University School of Law

Date Written: March 1, 2018

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 in 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.

Suggested Citation

Jones, David, Savings: The Missing Element in Chapter 13 Bankruptcy Cases? (March 1, 2018). American Bankruptcy Institute Law Review , Forthcoming. Available at SSRN: https://ssrn.com/abstract=3196047

David Jones (Contact Author)

Duke University School of Law ( email )

Durham, NC
United States

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