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S. 625, The Bankruptcy Reform Act, in the Senate: Selected Amendments

Description: From Summary: "This report surveys selected amendments to the bill which were passed prior to adjournment. On November 4, 1999, before adjournment of the first session of the 106th Congress, S. 625, 106th Cong., 1st Sess. (1999), the Bankruptcy Reform Act, was brought to the floor of the Senate for consideration. More than 300 germane and nongermane amendments were offered."
Date: January 28, 2000
Creator: Jeweler, Robin
Partner: UNT Libraries Government Documents Department

Bankruptcy and Student Loans

Description: This report discusses This report provides a comprehensive overview of the various legal issues related to whether, and under what circumstances, a debtor may discharge a student loan in bankruptcy. The report begins by providing general background on bankruptcy law and the principles governing the discharge of outstanding debt. In so doing, the report explains how and why the Bankruptcy Code generally makes student loans nondischargeable absent an "undue hardship." The report then describes the various legal standards that courts have applied when determining whether a particular debtor is entitled to an undue hardship discharge. The report closes by describing various potential considerations for Congress, including ways in which Congress could alter the Bankruptcy Code's current treatment of student loans.
Date: February 22, 2018
Creator: Lewis, Kevin M.
Partner: UNT Libraries Government Documents Department

Bankruptcy Basics: A Primer

Description: This report serves as a primer for Members and their staffs on the basics of U.S. bankruptcy law. The report provides a brief overview of the most essential concepts necessary for an informed understanding of the U.S. bankruptcy system
Date: March 22, 2018
Creator: Lewis, Kevin M.
Partner: UNT Libraries Government Documents Department

When the City Goes Broke: Pensions, Retirees, and Municipal Bankruptcies

Description: This report first explains how, under current bankruptcy law, Chapter 9 (municipalities) debtors have significant freedom to modify their outstanding pension obligations through the bankruptcy process. The report then explores proposals to alter the legal principles governing the adjustment of municipal pensions in bankruptcy.
Date: April 10, 2018
Creator: Lewis, Kevin M.
Partner: UNT Libraries Government Documents Department

Exemptions for Firearms in Bankruptcy

Description: The U.S. Supreme Court's decisions regarding the nature of the people's right to "keep and bear arms," as guaranteed in the Second Amendment to the U.S. Constitution, has focused some interest on the extent to which firearms are protected from the reach of creditors under either federal or state laws. State laws protecting certain property from creditors' claims may be used both in and outside of the bankruptcy context. Federal law may also protect certain property from creditors' claims in bankruptcy.
Date: May 2, 2011
Creator: Pettit, Carol A. & Platte, Vastine D.
Partner: UNT Libraries Government Documents Department

Bankruptcy for Marijuana Businesses?

Description: This legal sidebar discusses recent bankruptcy court cases that suggest that one such risk may be the ultimate unavailability to both debtors and creditors of the protections, benefits, and predictability of the U.S. Bankruptcy Code when state-regulated marijuana businesses fail.
Date: October 29, 2014
Partner: UNT Libraries Government Documents Department

Bankruptcy Reform in the 108th Congress

Description: On March 19, 2003, the House of Representatives passed H.R. 975, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2003. H.R. 975, as introduced, was substantially similar to the legislation (H.R. 333) approved by both the House and the Senate during the 107th Congress, but omitted the Schumer Amendment which would have prevented the discharge of liability for willful violation of protective orders and violent protests against providers of “lawful services,” including reproductive health services. As passed by the House, H.R. 975 was amended to add sections to, among other things, increase the cap on wage and employee benefit claims. The Senate did not consider H.R. 975 during the first session of the 108th Congress. This report provides an overview of selected major provisions of the legislation.
Date: January 29, 2004
Creator: Welborn, Angie A.
Partner: UNT Libraries Government Documents Department

Bankruptcy Reform in the 108th Congress

Description: On February 27, 2003, House Judiciary Chairman James Sensenbrenner introduced H.R. 975, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2003. Subcommittee hearings were held on March 4, and the legislation was marked-up and ordered to be reported by the full committee on March 12. This report provides an overview of selected major provisions of the legislation.
Date: March 13, 2003
Creator: Welborn, Angie A.
Partner: UNT Libraries Government Documents Department

Bankruptcy Reform in the 108th Congress

Description: On March 19, 2003, the House of Representatives passed H.R. 975, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2003. H.R. 975, as introduced, was substantially similar to the legislation (H.R. 333) approved by both the House and the Senate during the 107th Congress, but omitted the Schumer Amendment which would have prevented the discharge of liability for willful violation of protective orders and violent protests against providers of “lawful services,” including reproductive health services. As passed by the House, H.R. 975 was amended to add sections to, among other things, increase the cap on wage and employee benefit claims. The Senate did not consider H.R. 975 during the first session of the 108th Congress. This report provides an overview of selected major provisions of the legislation.
Date: March 24, 2003
Creator: Welborn, Angie A.
Partner: UNT Libraries Government Documents Department

Bankruptcy Reform in the 108th Congress

Description: On March 19, 2003, the House of Representatives passed H.R. 975, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2003. H.R. 975, as introduced, was substantially similar to the legislation (H.R. 333) approved by both the House and the Senate during the 107th Congress, but omitted the Schumer Amendment which would have prevented the discharge of liability for willful violation of protective orders and violent protests against providers of “lawful services,” including reproductive health services. As passed by the House, H.R. 975 was amended to add sections to, among other things, increase the cap on wage and employee benefit claims. The Senate did not consider H.R. 975 during the first session of the 108th Congress. This report provides an overview of selected major provisions of the legislation.
Date: May 12, 2003
Creator: Welborn, Angie A.
Partner: UNT Libraries Government Documents Department

Bankruptcy Reform Legislation in the 107th Congress: A Comparison of H.R. 333 As Passed by the House and the Senate

Description: H.R. 333, 107th Congress, 1st Sess. (2001), the “Bankruptcy Abuse Prevention and Consumer Protection Act of 2001” and its counterpart in the Senate, S. 220, 107th Congress, 1st Sess. (2001), the “Bankruptcy Reform Act of 2001” were introduced on January 31, 2001. So far, the 107th Congress has demonstrated widespread support for the bills evidenced by the votes. Although President Bush is expected to sign bankruptcy reform into law, the White House has indicated that a bankruptcy bill that contains a federal homestead cap may be unacceptable. This report surveys the bills and the major amendments that have been adopted. It provides a sectional analysis comparing selected provisions, with an emphasis on consumer bankruptcy.
Date: July 10, 2002
Creator: Jeweler, Robin
Partner: UNT Libraries Government Documents Department

One Million Personal Bankruptcies a Year: Economic Implications and Policy Options

Description: This report examines various explanations for the rapid rise in personal bankruptcy filings in the United States since 1980, the economic significance of the phenomenon, and policy options. This discussion and analysis provide a background for consideration of legislation before the 105th Congress ( H.R. 3150 and S. 1301), which proposes to reform the consumer bankruptcy process.
Date: May 14, 1998
Creator: Jickling, Mark
Partner: UNT Libraries Government Documents Department

The Application of Statistical Classification to Business Failure Prediction

Description: Bankruptcy is a costly event. Holders of publicly traded securities can rely on security prices to reflect their risk. Other stakeholders have no such mechanism. Hence, methods for accurately forecasting bankruptcy would be valuable to them. A large body of literature has arisen on bankruptcy forecasting with statistical classification since Beaver (1967) and Altman (1968). Reported total error rates typically are 10%-20%, suggesting that these models reveal information which otherwise is unavailable and has value after financial data is released. This conflicts with evidence on market efficiency which indicates that securities markets adjust rapidly and actually anticipate announcements of financial data. Efforts to resolve this conflict with event study methodology have run afoul of market model specification difficulties. A different approach is taken here. Most extant criticism of research design in this literature concerns inferential techniques but not sampling design. This paper attempts to resolve major sampling design issues. The most important conclusion concerns the usual choice of the individual firm as the sampling unit. While this choice is logically inconsistent with how a forecaster observes financial data over time, no evidence of bias could be found. In this paper, prediction performance is evaluated in terms of expected loss. Most authors calculate total error rates, which fail to reflect documented asymmetries in misclassification costs and prior probabilities. Expected loss overcomes this weakness and also offers a formal means to evaluate forecasts from the perspective of stakeholders other than investors. This study shows that cost of misclassifying bankruptcy must be at least an order of magnitude greater than cost of misclassifying nonbankruptcy before discriminant analysis methods have value. This conclusion follows from both sampling experiments on historical financial data and Monte Carlo experiments on simulated data. However, the Monte Carlo experiments reveal that as the cost ratio increases, robustness of linear ...
Date: December 1994
Creator: Haensly, Paul J.
Partner: UNT Libraries

The Effect of Firm Bankruptcy on Retiree Benefits, with Applications to the Automotive and Coal Industries

Description: This report begins with a discussion of whether bankrupt firms can invalidate previous commitments covering retiree pensions and health insurance. The report next discusses the specific protections accorded to retiree pensions and health insurance benefits. Certain types of pensions are guaranteed by a quasi-public agency, while no such guarantee exists for retiree health insurance. The report concludes with brief case studies of the bankruptcies of Old GM, Delphi, and Patriot.
Date: September 22, 2014
Creator: Rapaport, Carol
Partner: UNT Libraries Government Documents Department

Puerto Rico Electric Power Authority and Debt Restructuring under PROMESA, P.L. 114-187

Description: This report discusses the Puerto Rico Electric Power Authority (PREPA) and its debt restructuring process under the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA). The major debt the company is in has prevented it from maintaining power stations and transmission lines properly or diversifying its energy production methods leading to widespread unreliability of the power supply and high prices.
Date: August 8, 2017
Creator: Austin, D. Andrew & Campbell, Richard J.
Partner: UNT Libraries Government Documents Department

Systemically Important or "Too Big to Fail" Financial Institution.

Description: This report discusses the "To Big To Fail" (TBTF) system of the government intervening and bailing out certain companies whose collapse is deemed too disruptive to the American financial market to let occur. This report discusses the economic issues raised by TBTF, broad policy options, and policy changes made by the relevant Dodd-Frank provisions.
Date: May 26, 2017
Creator: Labonte, Marc
Partner: UNT Libraries Government Documents Department

Consumer Bankruptcy and Household Debt

Description: Financial distress is most common among lower-income families, but its incidence has grown in all income brackets. This trend suggests that explanations for the rise in consumer bankruptcy filings are more likely to be found in micro-analysis of individuals and groups of debtors than in macroeconomic indicators. This report presents statistics on bankruptcy filings, household debt, and households in financial distress.
Date: February 27, 2003
Creator: Jickling, Mark
Partner: UNT Libraries Government Documents Department