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Article
The Housing Bubble and Consumer Bankruptcy (Parts I and II)
American Bankruptcy Law Journal
  • David G. Carlson, Benjamin N. Cardozo School of Law
Publication Date
7-1-2023
Abstract

During the COVID pandemic housing prices have soared. Consumers who have filed for bankruptcy are now looking at enormous realized and unrealized capital gains. This article assesses the chances that these consumer debtors can keep these gains out of the hands of their creditors. Part I of this two-part article addresses chapter 7 issues, which concern lien stripping, abandonment, and monetary exemptions. It also addresses lien stripping in chapter 13 cases. Part II will address whether a chapter 13 debtor must surrender appreciation value to the chapter 13 trustee or to a trustee in a converted chapter 7 case.

Publisher
National Conference of Bankruptcy Judges
Keywords
  • bankruptcy,
  • consumer bankruptcy lien stripping,
  • exemptions,
  • appreciation value,
  • chapter 7,
  • chapter 13
Disciplines
Citation Information
David G. Carlson. "The Housing Bubble and Consumer Bankruptcy (Parts I and II)" American Bankruptcy Law Journal Vol. 97 Iss. 2 (2023) p. 394 - 437
Available at: http://works.bepress.com/david_carlson/143/