About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

97 Marq. L. Rev. 391 (2013-2014)
Just Punch My Bankruptcy Ticket: A Qualitative Study of Mandatory Debtor Financial Education

handle is hein.journals/marqlr97 and id is 407 raw text is: JUST PUNCH MY BANKRUPTCY TICKET:
A QUALITATIVE STUDY OF
MANDATORY DEBTOR FINANCIAL
EDUCATION
MICHAEL D. SOUSA*
When Congress amended the Bankruptcy Code in 2005 through the
Bankruptcy Abuse Prevention and Consumer Protection Act
(BAPCPA), it mandated that individual consumer debtors undergo two
debtor education courses, one as a condition precedent to filing for
bankruptcy relief, and a second for later receiving a discharge of
indebtedness.      As   for   the  pre-filing  credit   counseling   course,
Congressional aim was to have prospective debtors understand the
potential alternatives to filing for bankruptcy relief with the goal of having
some percentage of debtors settle their debt obligations outside of the
bankruptcy system. Regarding the post-filing financial management
course, Congress wanted debtors who utilized the bankruptcy system to
learn effective financial management techniques to employ after the
closing of their bankruptcy cases.
Ever since the prospect of debtor education as a formal component of
the bankruptcy process was raised decades ago, bankruptcy scholars and
*Assistant Professor of Law, University of Denver Sturm College of Law. There are a
host of individuals who need to be thanked as part of this project and each one contributed to
the project in meaningful ways. First, and foremost, I must thank all of the individuals who
agreed to participate in this study and to share their stories with me about an incredibly
private matter. Second, the members of the Hughes/Ruud Scholarship Committee, namely
(in alphabetical order): Professors Lawrence M. Friedman, Bryant G. Garth, Stewart
Macaulay, Laura Beth Nielsen, and Joyce Sterling, who reviewed this project and elected to
provide funding for it through the provision of a research grant. Third, Professor Joyce
Sterling, my colleague at the University of Denver Sturm College of Law, for her guidance,
support, and encouragement throughout the development of this article. Fourth, my
anthropology professors and colleagues at the University of Denver, who provided me with
wonderful guidance while exercising my anthropological skills: Peter Van Arsdale, Ph.D.,
Larry Conyers, Ph.D., and Dean Saitta, Ph.D. Finally, to my research assistants who offered
valuable insight and reflection (in alphabetical order): Jessica Borchers, Kirstin Dvorchak,
Julian Ellis, John Feeney-Coyle, Teresa Helms-Abel, Andrew Moore, Kate Puckett, and
Lindsey Sowder.

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.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most