Karen Gross - Academia.edu (original) (raw)
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Papers by Karen Gross
New England Journal of Higher Education, 2008
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American Bankruptcy Law Journal, 2008
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Notas económicas, Jul 22, 2013
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New England Journal of Higher Education, 2018
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Social Science Research Network, Feb 16, 2006
This article critiques two of the 2005 amendments to the Bankruptcy Code - one related to pre-ban... more This article critiques two of the 2005 amendments to the Bankruptcy Code - one related to pre-bankruptcy counseling and the other related to post-filing debtor education. The article questions whether, when one looks beneath the surface, these new mandates actually improve the lives of consumer debtors. There are plenty of statutory requirements accompanying these new initiatives but these particularized requirements do not address the most critical issues, including establishing the goals of the counseling and education and the content of the required programming. In addition, we fear that the mandates will simply be an added cost of entering and exiting the bankruptcy system without providing concomitant benefits. That would mean we have created an empty mandate. We also provide suggestions for improvement that are feasible and do not require statutory amendment yet again.
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. Louis U. Pub. L. Rev., 2005
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Emory Bankruptcy Developments Journal, 2015
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New England Journal of Higher Education, 2019
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NYL Sch. J. Int'l & Comp. L., 1997
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NYL Sch. J. Hum. Rts., 2003
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Notre Dame L. Rev., 1989
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Washington University Law Review, 1994
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Fordham Journal of Corporate & Financial Law, 2001
I. INTRODUCTION Bankruptcy reform is still pending in Congress,2 with both the House and Senate h... more I. INTRODUCTION Bankruptcy reform is still pending in Congress,2 with both the House and Senate having passed their own versions of legislation designed to improve the bankruptcy system.3 The conference committee to reconcile differences has been stalled, most recently because of the aftermath of the September 11th tragedies.4 That IMAGE FORMULA78 pause has not stopped discussion and debate about what type of legislation might ultimately emerge and whether that contemplated is justified, wise, and feasible. It is in that spirit that this Article focuses its attention on one particular proposed change to the bankruptcy laws: the introduction of a post-filing financial management course.5 Interestingly, post-filing financial management courses and prebankruptcy debtor counseling have been one of the less frequently debated features of the pending legislation. In his recent book, Debt's Dominion, Professor David Skeel observes that educational initiatives were supported by creditor...
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New England Journal of Higher Education, 2008
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American Bankruptcy Law Journal, 2008
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Bookmarks Related papers MentionsView impact
Notas económicas, Jul 22, 2013
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New England Journal of Higher Education, 2018
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Social Science Research Network, Feb 16, 2006
This article critiques two of the 2005 amendments to the Bankruptcy Code - one related to pre-ban... more This article critiques two of the 2005 amendments to the Bankruptcy Code - one related to pre-bankruptcy counseling and the other related to post-filing debtor education. The article questions whether, when one looks beneath the surface, these new mandates actually improve the lives of consumer debtors. There are plenty of statutory requirements accompanying these new initiatives but these particularized requirements do not address the most critical issues, including establishing the goals of the counseling and education and the content of the required programming. In addition, we fear that the mandates will simply be an added cost of entering and exiting the bankruptcy system without providing concomitant benefits. That would mean we have created an empty mandate. We also provide suggestions for improvement that are feasible and do not require statutory amendment yet again.
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. Louis U. Pub. L. Rev., 2005
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Emory Bankruptcy Developments Journal, 2015
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New England Journal of Higher Education, 2019
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NYL Sch. J. Int'l & Comp. L., 1997
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Bookmarks Related papers MentionsView impact
NYL Sch. J. Hum. Rts., 2003
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Notre Dame L. Rev., 1989
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Washington University Law Review, 1994
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Fordham Journal of Corporate & Financial Law, 2001
I. INTRODUCTION Bankruptcy reform is still pending in Congress,2 with both the House and Senate h... more I. INTRODUCTION Bankruptcy reform is still pending in Congress,2 with both the House and Senate having passed their own versions of legislation designed to improve the bankruptcy system.3 The conference committee to reconcile differences has been stalled, most recently because of the aftermath of the September 11th tragedies.4 That IMAGE FORMULA78 pause has not stopped discussion and debate about what type of legislation might ultimately emerge and whether that contemplated is justified, wise, and feasible. It is in that spirit that this Article focuses its attention on one particular proposed change to the bankruptcy laws: the introduction of a post-filing financial management course.5 Interestingly, post-filing financial management courses and prebankruptcy debtor counseling have been one of the less frequently debated features of the pending legislation. In his recent book, Debt's Dominion, Professor David Skeel observes that educational initiatives were supported by creditor...
Bookmarks Related papers MentionsView impact