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
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
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).

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