Chapter 13 of the Federal Bankruptcy Code offers individuals an opportunity to discharge their indebtedness when faced with a catastrophic financial situation. This Article examines the Chapter 13 discharge through what the author finds to be its most important element: good faith. The author concludes that courts' focus on the good faith doctrine causes courts to defy the plain meaning of the Bankruptcy Code. This "hole in the Code" renders the Code unpredictable, and the author argues against courts that take on a moral analysis by applying good faith rather than strictly adhering to the plain meaning of the Bankruptcy Code.
Bradley M. Elbein,
The Hole in the Code: Good Faith and Morality in Chapter 13,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol34/iss2/2