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By Ed Boltz, 6 February, 2021

Law Review- Drumbl, Michelle Lyon, Bankruptcy, Taxes, and the Primacy of IRS Refund Offsets: Copley v. United States (January 2021). South Carolina Law Review, Forthcoming

Abstract:

By Ed Boltz, 27 January, 2021

Law Review: Pardo, Rafael I., On Bankruptcy’s Promethean Gap: Building Enslaving Capacity into the Antebellum Administrative State (January 16, 2021). Fordham Urban Law Journal, Vol. 48, 2021

Abstract:

As the United States contends with the economic crisis triggered by the COVID-19 pandemic, federal bankruptcy law is one tool that can be used to resolve the financial distress suffered by individuals and businesses. When implementing this remedy, the question arises whether the law’s application should be viewed as limited to addressing private debt matters, without regard for the public interest. This Article answers the question by looking to modern U.S.

By Ed Boltz, 21 July, 2019

Economics Review: Auclert, Adrien and Dobbie, Will and Goldsmith-Pinkham, Paul S., Macroeconomic Effects of Debt Relief: Consumer Bankruptcy Protections in the Great Recession

Abstract:

By Ed Boltz, 16 July, 2019

Law Review: Bruce, Kara-Bankruptcy Law Letter- Recent Developments in Educational Benefit Discharge Litigation

Summary:

The first section of this Bankruptcy Law Letter examines the questions surrounding the undefined term “educational benefit” in 11 U.S.C. §523(a)(8)(A)(ii), which makes private student loans, which do not meet the IRS definition of being a “qualified educational loan”, nondischargeable. These private loans can include bar review courses, loans for attendance at unacredited schools, loans for school or test preparation and ad hoc borrowing for that somehow relates to education.

By Ed Boltz, 14 July, 2019

Fighting the Undead: Why States Should Use Forced Vesting to Kill Zombie Mortgages

Abstract:

Following the financial crisis, many home mortgage borrowers found themselves living in properties encumbered by debt that far exceeded their value. The result was an increase in mortgage default rates, followed by a wave of foreclosures as lenders scrambled to minimize the financial damage to their investments. From the wreckage, a new creature emerged that threatened to devastate borrowers who believed that foreclosure was their chance for a fresh start: the zombie mortgage.

By Ed Boltz, 12 July, 2019

Law Review: Cheng, Ing-Haw and Severino, Felipe and Townsend, Richard- How Do Consumers Fare When Dealing with Debt Collectors? Evidence from Out-of-Court Settlements

Abstract:

By Ed Boltz, 9 July, 2019

Law Review: Dion, Justin H. And Curatolo, Barbara: Bankruptcy Law — Rethinking the Discharge of Late Filed Taxes in Consumer Bankruptcy

Abstract:

By Ed Boltz, 19 February, 2019

Economics Review: Foote, Christopher L. and Willen, Paul S., Mortgage-Default Research and the Recent Foreclosure Crisis (2017-10-01). FRB of Boston Working Paper No. 17-13.

Abstract:

This paper reviews recent research on mortgage default, focusing on the relationship of this research to the recent foreclosure crisis. Research on defaults was advanced both theoretically and empirically by the time the crisis began, but economists have moved the frontier further by improving data sources, building dynamic optimizing models of default, and explicitly addressing reverse causality between rising foreclosures and falling house prices.

By Ed Boltz, 13 February, 2019

Economics Review: The Impact of Student Debt on High Value Entrepreneurship and Venture Success: Evidence from No-Loans Financial Aid Policies

Abstract:

This paper finds that graduates from universities that remove student loans from their financial aid policies are more likely to start entrepreneurial ventures and are more likely to subsequently get venture capital (VC) backing, particularly by reputed VCs, and get higher VC investment. Such ventures have higher sales and employment five years after founding. These results are stronger for universities with higher tuition and greater extent of R&D activity.

By Ed Boltz, 13 February, 2019

Economics Review: Behavioral Effects of Student Loan Repayment Plan Options on Borrowers’ Career Decisions: Theory and Experimental Evidence

Abstract:

This paper studies the effects of available student loan repayment plans on borrowers’ career choices. By removing the risk of loan default, income driven repayment (IDR) plans make higher-paying but riskier jobs more attractive to those with moderate skill levels. The authors present experimental evidence that student loan recipients consider the repayment plans offered to them as well as the plans available to other borrowers as a reference in their evaluations of loans and careers.

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Mountain View The purpose of the NC Bankruptcy Expert blog is to provide legal professionals with a consolidated resource for updates and case summaries about issues and decisions affecting bankruptcy, foreclosures, mortgages, and debt collection.

 
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