Tightening Your Belt: Inequities and Inconsistencies Regarding the Treatment of Food, Prescription Drugs, and Cigarettes In the United States Bankruptcy Code

DSpace/Manakin Repository

Tightening Your Belt: Inequities and Inconsistencies Regarding the Treatment of Food, Prescription Drugs, and Cigarettes In the United States Bankruptcy Code

Show simple item record

dc.contributor.advisor Peter Hutt en_US
dc.contributor.author Bramson, Jeffrey Scott
dc.date.accessioned 2012-05-18T20:53:21Z
dc.date.issued 2011
dc.identifier.citation Jeffrey Scott Bramson, Tightening Your Belt: Inequities and Inconsistencies Regarding the Treatment of Food, Prescription Drugs, and Cigarettes In the United States Bankruptcy Code (April 2011) en_US
dc.identifier.uri http://nrs.harvard.edu/urn-3:HUL.InstRepos:8789563
dc.description.abstract Debtors seeking to file bankruptcy may do so under either Chapter 7 or Chapter 13 of the Bankruptcy Code. In either case, the bankruptcy system must determine what expenses will be allowed for the debtor in bankruptcy, including for substances such as food, drugs, and cigarettes. This paper examines the treatment of these three substances by the Bankruptcy Code and judges, based on the three standards that appear in the Code: (1) what is allowed by the IRS National Standards, (2) what would constitute “abuse” of the system, and (3) what expenses are “reasonably necessary.” We then discuss five adverse effects that result from these provisions, including horizontal inequities between Chapter 7 and Chapter 13, unfair geographical variations, vertical inequities between wealthier and poorer debtors, inconsistent judicial application of the rules, and inconsistency between the bankruptcy regime and other federal agencies and priorities. en_US
dash.license LAA
dc.subject miscellaneous en_US
dc.subject.other Food and Drug Law en_US
dc.title Tightening Your Belt: Inequities and Inconsistencies Regarding the Treatment of Food, Prescription Drugs, and Cigarettes In the United States Bankruptcy Code en_US
dc.type Paper (for course/seminar/workshop) en_US
dc.date.available 2012-05-18T20:53:21Z

Files in this item

Files Size Format View
Bramson, Jeff_Paper.pdf 295.4Kb PDF View/Open

This item appears in the following Collection(s)

Show simple item record

 
 

Search DASH


Advanced Search
 
 

Submitters