The Housing Bubble and Consumer Banruptcy (Parts III and IV)

Authors

David G. Carlson, Benjamin N. Cardozo School of LawFollow

Publication Date

Fall 2023

Journal

American Bankruptcy Law Journal

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 II of this two-part article addresses chapter 13 issues, which concern plan modification by the chapter 13 trustee to capture realized and unrealized capital gains. It also covers whether a trustee in a converted case can capture these gains. The law of the coverted chapter 7 case is spectacularly contradictory.

Volume

97

Issue

3

First Page

611

Last Page

683

Publisher

National Conference of Bankruptcy Judges

Keywords

bankruptcy, consumer bankruptcy lien stripping, exemptions, appreciation value, chapter 7, chapter 13, plan modification, the bankruptcy estate

Disciplines

Bankruptcy Law | Law

Recommended Citation

David G. Carlson, The Housing Bubble and Consumer Banruptcy (Parts III and IV), 97 Am. Bankr. L.J. 611 (2023).
https://larc.cardozo.yu.edu/faculty-articles/760