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- Title
CONSUMER BANKRUPTCY ABUSE.
- Authors
NIMMER, RAYMOND T.
- Abstract
The article discusses bankruptcy abuse as found in the debtor's motivations for filing under the consumer bankruptcy law, how the debtor dealt with his creditors or in a demonstrated lack of need for bankruptcy relief. It points out that most consumer bankruptcies initiated by debtors has been allowed to define the role of bankruptcy in the consumer credit context and standards of abuse have performed only a limited monitoring function. It indicates that the abuse law is defined by standards couched in terms of fraud, misrepresentation and concealment. It suggests that while the law of abuse permit debtors substantial latitude, there is a need to develop more coherent conceptions of overall bankruptcy policy and the role of bankruptcy in the context of current consumer credit transactions.
- Subjects
BANKRUPTCY; DEBTOR &; creditor; FINANCIAL aid; CONSUMER credit; FRAUD; DEBT
- Publication
Law & Contemporary Problems, 1987, Vol 50, Issue 2, p89
- ISSN
0023-9186
- Publication type
Article
- DOI
10.2307/1191497