Bankruptcy Law Chapter - Annual Survey 2010 Out of Stock
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Title: 2010 Annual Survey of Law
Chapter: Bankrupcty Law
Authors: Kimberley H. Tyson, Holly R. Shilliday, and Robert J. Shilliday
Format: Electronic Download
Chapter: Bankrupcty Law
Authors: Kimberley H. Tyson, Holly R. Shilliday, and Robert J. Shilliday
Format: Electronic Download
The 2010 Annual Survey of Colorado Law is written by top lawyers in their fields and covers many of the most critical areas of Colorado law and practice. The Annual Survey is an important resource to help you stay current with legal updates and trends.
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CBA-CLE - Your Connection to Colorado Law
The number of bankruptcy cases filed in Colorado in 2010, exceeding 33,000 cases plus adversaries and miscellaneous matters, is second only to 2005 in the sheer volume of cases. Because of the high rate of dismissals of those 2005 cases, 2010 can be regarded as the peak year for the bankruptcy court and the rest of the bankruptcy system. Although this case volume provides grounds for the appointment of at least one additional bankruptcy judge, it is unlikely any additional judgeships will be created to assist the overburdened bankruptcy courts.
The overburdening of the bankruptcy system as a whole may explain the willingness of the circuit courts to take some cases on a direct appeal and the U.S.
Supreme Court to grant certiorari in cases where the issues do not appear to the larger legal community to be “significant.” That willingness has aided the system by addressing issues important to the consumer bankruptcy bar in the four decisions handed down by the Supreme Court in 2010. Additional relief may result from determination of several means test issues in Ransom v. FIA Card Services, argued October 4, 2010.
The deluge of cases during the past few years has been accompanied by changes in the demographics and types of debts involved in many of these cases. The
“mortgage crises,” high unemployment, declining real estate values, tightening of commercial credit, substantial declines in the construction and renovation of
homes, and other factors contributing to the “sluggishness” of the economy have all led to a plethora of cases where misuse of credit and poor business practices are not the primary precipitating causes for the bankruptcy filing. Rather, many debtors are simply unable to overcome the burdens placed upon them by today’s changing economy.
The Bankruptcy Act of 1898 was not a major tool for the economic recovery of the country from the Great Depression. Time will tell if today’s Bankruptcy Code
can serve a more important role in the nation’s economic recovery.
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