About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

90 Tex. L. Rev. See Also 1 (2011-2012)

handle is hein.journals/seealtex90 and id is 1 raw text is: Texas Law Review See Also Response A Response to a Pretend Solution Henry E. Hildebrand, III* I. Introduction When a noted academic such as Professor Katherine Porter undertakes an empirical study of consumer bankruptcy issues, it is important to pay attention both to the information gleaned and the conclusions drawn from the data. In The Pretend Solution: An Empirical Study of Bankruptcy Outcomes, Professor Porter draws radical conclusions about the failures of consumer bankruptcy cases based upon interviews of 303 debtors who, after filing a Chapter 13 petition, failed to reach discharge.' From her limited data, Professor Porter concludes that Chapter 13 is a glorious social failure because families that sought Chapter 13 relief did so with the expectation of achieving certain goals-principally related to home retention and respite from creditors-but did not realize their expected goals when their cases failed.2 By noting that approximately two-thirds of the Chapter 13 cases fail to reach discharge, Professor Porter concludes that the Chapter 13 program should be scrapped because Chapter 13 is merely a pretend solution.3 Upon closer examination, however, with due regard to the many options that * Standing Chapter 13 Trustee, Middle District of Tennessee. 1. Katherine Porter, The Pretend Solution: An Empirical Study of Bankruptcy Outcomes, 90 TEXAS L. REV. 103. 111-12 (2011). 2. Id. at 113. 3. See id. at 112 (recognizing that 14% of families had lost their homes and another 59% were in default within a few weeks of dismissal of their Chapter 13 cases); id at 154 (arguing that the time for pretending about the 1978 Bankruptcy Code has expired).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most