We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
One Size Fits None: An Overdue Reform for Chapter 7 Trustees.
- Authors
PANG, BELISA; SHEHADA, EMILE
- Abstract
Despite their differences, consumer and business Chapter 7 cases are administered by the same trustees under the same rules. This Note advances four normative arguments against this one-size-fits-all approach, using novel empirical research to emphasize its shortcomings. First, human debtors have rights that artificial entities do not. Second, trustees create different socioeconomic value for consumers and businesses. Third, trustees' day-to-day work differs significantly across case types. Finally, trustees receive far less judicial oversight in consumer cases. Accordingly, this Note proposes two policy changes: (1) trustee compensation should differ for consumer and business cases, and (2) trustees should be allowed to specialize accordingly.
- Subjects
TRUSTS &; trustees; SOCIOECONOMICS; ECONOMIC sociology; DEBTOR &; creditor; EMPIRICAL research
- Publication
Yale Law Journal, 2022, Vol 131, Issue 3, p976
- ISSN
0044-0094
- Publication type
Article