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Author: Chintal A. Desai Publisher: ISBN: Category : Languages : en Pages :
Book Description
This study analyzes the effects of state bankruptcy asset exemptions and foreclosure laws on mortgage default and foreclosure rates across different segments of the mortgage market. We found that the effects of these legal provisions are larger for sub-prime than for prime mortgages and larger for adjustable rate mortgages than for fixed rate mortgages. These results demonstrate that the effects of variation in bankruptcy exemptions and foreclosure laws is most pronounced in the most risky segments of the mortgage market, which are those that have been most affected by the continuing housing slump in the United States.
Author: Chintal A. Desai Publisher: ISBN: Category : Languages : en Pages :
Book Description
This study analyzes the effects of state bankruptcy asset exemptions and foreclosure laws on mortgage default and foreclosure rates across different segments of the mortgage market. We found that the effects of these legal provisions are larger for sub-prime than for prime mortgages and larger for adjustable rate mortgages than for fixed rate mortgages. These results demonstrate that the effects of variation in bankruptcy exemptions and foreclosure laws is most pronounced in the most risky segments of the mortgage market, which are those that have been most affected by the continuing housing slump in the United States.
Author: Qianqian Cao Publisher: ISBN: Category : Languages : en Pages : 39
Book Description
State foreclosure and bankruptcy laws govern the rights of mortgage lenders and borrowers during foreclosure and bankruptcy proceedings and thereby affect lenders' exposure to credit risk. This paper seeks to understand the impact of these laws on the types of mortgages originated. The empirical identification is based on state-level variations in foreclosure and bankruptcy laws and a border estimation strategy. We find that higher-risk loans (FHA and subprime loans) are more likely to be originated in states with lender-friendly foreclosure laws. Also, higher-risk loans are less likely to be originated in states with a more generous bankruptcy homestead exemption. In addition, our results are consistent with the idea that FHA and subprime loans share a similar clientele and are close substitutes. These results are robust without the ordering assumption among conventional prime, FHA and subprime loans.
Author: Donald P. Morgan Publisher: DIANE Publishing ISBN: 1437929818 Category : Law Languages : en Pages : 30
Book Description
The 2005 Bankruptcy Abuse Reform (BAR) act contributed to the surge in subprime foreclosures that followed its passage. Before BAR, over-indebted mortgagors could free up income to pay the mortgage by filing bankruptcy and having their unsecured debts discharged. BAR blocks that maneuver for better-off filers by way of a means test. Identifies the effects of BAR using state home equity bankruptcy exemptions; filers in low-exemption states were not very protected before BAR, so they would be less affected by the reform. Regressions confirm four predictions implied by that identification strategy. Adds to research trying to explain the surge in subprime foreclosures and to a broader literature on household bankruptcy demand and credit supply. Illustrations.
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law Publisher: ISBN: Category : Business & Economics Languages : en Pages : 192
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Administrative Oversight and the Courts Publisher: ISBN: Category : Business & Economics Languages : en Pages : 152
Author: Wenli Li Publisher: ISBN: Category : Bankruptcy Languages : en Pages : 38
Book Description
In this paper we examine the relationship between homeowners' bankruptcy decisions and their mortgage default decisions and the relationship between homeowners' bankruptcy decisions and lenders' decisions to foreclose. In theory, both relationships could be either substitutes or complements. Bankruptcy and default tend to be substitutes because homeowners' budgets are limited and, if they spend less on payments to unsecured lenders, then they have more money to pay their mortgages. But bankruptcy and default may also be complements if homeowners use bankruptcy to reduce the cost of defaulting on their mortgages. Bankruptcy and foreclosure similarly may be either substitutes or complements. In fact we show that both relationships are complementary, although homeowners reacted to the 2005 bankruptcy reform by treating them as substitutes. We also show that bankruptcies, defaults and foreclosures all tend to spread, i.e., higher bankruptcy rates in the neighborhood raise homeowners' probability of filing, higher default rates raise homeowners' probability of defaulting, and higher foreclosure rates raise homeowners' probability of foreclosure. We provide estimates of the size of these effects. The paper argues that these relationships have important public policy implications. In particular, foreclosures have very high social costs, and some of these costs are external to both borrowers and lenders. As a result, there is a social gain from discouraging bankruptcies, since fewer bankruptcies mean fewer defaults and foreclosures. We show that these considerations shift optimal bankruptcy law in a pro-creditor direction, because pro-creditor bankruptcy policies reduce the number of filings and therefore reduce foreclosures. But the same considerations shift other policies that affect bankruptcy in a pro-debtor direction. This is because pro-debtor shifts in, for example, wage garnishment policy reduce the number of bankruptcy filings and therefore reduce foreclosures.
Author: Elizabeth Warren Publisher: Aspen Publishing ISBN: 1543823475 Category : Law Languages : en Pages : 1230
Book Description
One of the leading casebooks in the field, The Law of Debtors and Creditors features 39 problem sets with realistic questions a lawyer considers in managing a bankruptcy case. It also challenges the students with the major policy and theoretical questions in the field. The text features a functional organization as a bankruptcy case would unfold. The focus is on teaching through the realistic problems, complete with ethical difficulties embedded into the fact patterns. The presentation is lively and colloquial. Explanatory text throughout makes bankruptcy law accessible to students and easier to teach. Because it divides the subject between consumer and business bankruptcy, professors can select the depth of coverage for each subject in designing a two-, three-, or four-credit class. The authors—Senator Elizabeth Warren, Congresswoman Katie Porter, and Professors Pottow (Michigan) and Westbrook (Texas)—are among the most prominent in the field. Uniquely comprehensive Teacher’s Manual—chock full of material on how to design class around the problem sets, citations to new cases and literature, and suggestions for steering class discussion. New to the Eighth Edition: The emergence of a whole new form of chapter 11 bankruptcy, the Small Business Reorganization Act in subchapter V, just as the Covid19 crisis exploded The impact of recent Supreme Court decisions, including Jevic, Merit Management, Midland Funding, and Wellness New cases and issues since the Seventh Edition Updated materials on § 363 sales Incorporation of discussion of ABI Commission on Consumer Bankruptcy Reform A number of interesting new problems Professors and students will benefit from: Separation of consumer bankruptcy from business bankruptcy—professors can select the depth of coverage for each subject Lively explanatory text—makes bankruptcy law accessible to students and easier to teach Engagement of current events and economic trends Discussion of many recent cases 39 problem sets—featuring the realistic questions a lawyer considers in applying the statutory provisions in a bankruptcy case Substantial discussion of the ethical questions that arise in bankruptcy practice, and including ethical issues in the problems students must solve Functional organization—as a bankruptcy case would unfold rather than using some artificial paradigm Chapters specifically devoted to bankruptcy theory (consumer and business), to international insolvencies, and to important ethics issue in the consumer and business contexts Problem sets designed to combine doctrinal, transactional, and theoretical issues
Author: Chintal A. Desai
Author: Chintal A. Desai
Author: Qianqian Cao
Author: Richard Hynes
Author: Donald P. Morgan
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Administrative Oversight and the Courts
Author: 
Author: Wenli Li
Author: Elizabeth Warren
Author: United States. Congress. Senate. Committee on the Judiciary