Document Type

Article

Publication Date

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.

Publication Title

American Bankruptcy Institute Law Review

Volume

18

Article Number

1039

First Page

43

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