Business Law Question


The Bankruptcy Reform Act of 2005 (formally titled “The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005”) subjects a large class of individuals to increased financial risks. The legislation has drawn criticism from consumer groups and praise from various business interests. What is your opinion on the current state of the bankruptcy code? Do you believe the 2005 legislation adequately balances, or addresses, the interests of debtors and creditors? How far should society go in allowing debtors to avoid obligations that they “voluntarily” incurred? Is it unethical to avoid paying one’s debts by going into bankruptcy? Does a person have moral responsibility to pay his or her debts? What role do creditors play in this discussion? Defend your position.

For purposes of this Think Tank, you are directed to the following articles, dated from the time the 2005 legislation was passed, as a starting point for your discussion. Please feel free to post other articles of interest that may assist you (and your colleagues) in your discussion.


Revised Chapters: Sweeping New Bankruptcy Law To Make Life Harder for Debtors; After 8 Years, Legislation Finally Nears Passage; No Limits on Card Giants; A Day Trader's Bills Come Due
Michael Schroeder and Suein HwangWall Street Journal. (Eastern Edition). New York, N.Y.:Apr 6, 2005.


Bankruptcy Bill Is Set to Clear Final Hurdle With House Vote
Michael SchroederWall Street Journal. (Eastern Edition). New York, N.Y.:Apr 5, 2005.


The New Rules Of Bankruptcy; Overhaul Is on Track to Clear Congress, But Housing and Trust Exemptions Remain
Michael SchroederWall Street Journal. (Eastern Edition). New York, N.Y.:Mar 9, 2005.

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