Bankruptcy law is wrought with compelling policy tensions, which legislators, judges, and academics must constantly balance. Bankruptcy law seeks to foster a fresh start and promote the rehabilitation of distressed debtors discharged from bankruptcy, while simultaneously ensuring that creditors receive repayment of debts owed to them by debtors. When bankruptcy law focuses too heavily on paternalistic goals providing a fresh start to debtors and fostering debtor rehabilitation both creditors and consumers suffer financially. Every dollar that remains with the debtor in furtherance of a fresh start is a dollar removed from the bankruptcy estate, and thus, a dollar that cannot go to repayment of debt. This Note addresses this central policy tension as it relates to the revised homestead exemption under the BAPCPA.
In Re Blair Misses the Mark: An Alternative Interpretation of the BAPCPA's Homestead Exemption,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol43/iss4/17