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Bankruptcy Exemptions and the Market for Mortgage Loans

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Author Info
Berkowitz, Jeremy
Hynes, Richard
Abstract

The recent explosion in personal bankruptcy filings has motivated research into whether credit markets are being adversely affected by generous legal provisions. Empirically, this question is examined by comparing credit conditions and bankruptcy exemptions across states. We note that the literature has focused on aggregate household credit, making no distinction between secured and unsecured credit. We argue that such aggregation obscures important differences in forms of credit. Most significant, property exemptions do not prevent the home mortgage creditor from foreclosing on the home if not fully repaid. This makes it unlikely that the home mortgage lender will be adversely affected by the exemptions. We argue further that some property exemptions, in fact, may have some beneficial effects for home mortgage lenders. Using both household-level data and state-level data, we show that in the 1990s high exemption levels have not tended to increase mortgage rates or increase the probability of being denied a mortgage. Copyright 1999 by the University of Chicago.

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Publisher Info
Article provided by University of Chicago Press in its journal Journal of Law & Economics.

Volume (Year): 42 (1999)
Issue (Month): 2 (October)
Pages: 809-30
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Handle: RePEc:ucp:jlawec:v:42:y:1999:i:2:p:809-30

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  1. Araújo, Aloísio Pessoa de & Funchal, Bruno, 2006. "How much debtors' punishment?," Economics Working Papers (Ensaios Economicos da EPGE) 615, Graduate School of Economics, Getulio Vargas Foundation (Brazil). [Downloadable!]
  2. Marina Pavan, 2003. "Consumer Durables and Risky Borrowing: the Effects of Bankruptcy Protection," Boston College Working Papers in Economics 573, Boston College Department of Economics, revised 01 May 2005. [Downloadable!]
    Other versions:
  3. Richard Scheelings, 2005. "Essays in Law and Economics," Levine's Working Paper Archive 618897000000000950, David K. Levine. [Downloadable!]
  4. Eva-Maria Steiger, 2006. "Ex-Ante vs. Ex-Post Efficiency in Personal Bankruptcy Proceedings," Papers on Strategic Interaction 2006-17, Max Planck Institute of Economics, Strategic Interaction Group. [Downloadable!]
  5. Karen M. Pence, 2003. "Foreclosing on opportunity: state laws and mortgage credit," Finance and Economics Discussion Series 2003-16, Board of Governors of the Federal Reserve System (U.S.). [Downloadable!]
  6. Souphala Chomsisengphet & Ronel Elul, 2005. "Bankruptcy exemptions, credit history, and the mortgage market," Working Papers 04-14, Federal Reserve Bank of Philadelphia. [Downloadable!]
  7. Charles Grant & Winfried Koeniger, 2005. "Redistributive Taxation and Personal Bankruptcy in US States," IZA Discussion Papers 1805, Institute for the Study of Labor (IZA). [Downloadable!]
  8. Michelle J. White, 2005. "Economic Analysis of Corporate and Personal Bankruptcy Law," NBER Working Papers 11536, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
  9. Jonathan Crook & Stefan Hochguertel, 2007. "US and European Household Debt and Credit Constraints," Tinbergen Institute Discussion Papers 07-087/3, Tinbergen Institute. [Downloadable!]
  10. Michelle J. White & Ning Zhu, 2008. "Saving Your Home in Chapter 13 Bankruptcy," NBER Working Papers 14179, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
  11. Brent Ambrose & Anthony Sanders, 2004. "Legal Restrictions in Personal Loan Markets," The Journal of Real Estate Finance and Economics, Springer, vol. 30(2), pages 133-151, November. [Downloadable!] (restricted)
  12. Sarah W. Carroll & Wenli Li, 2008. "The homeownership experience of households in bankruptcy," Working Papers 08-14, Federal Reserve Bank of Philadelphia. [Downloadable!]
  13. Michelle J. White, 2008. "Bankruptcy: Past Puzzles, Recent Reforms, and the Mortgage Crisis," NBER Working Papers 14549, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
  14. Jeremy Berkowitz & Michelle J. White, 2002. "Bankruptcy and Small Firms' Access to Credit," NBER Working Papers 9010, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
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