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Banking Regulatory Constraints and Personal Bankruptcy Filings in the US

Author

Listed:
  • Chintal A Desai
  • David H Downs

Abstract

The economic well-being of a household depends on its access to credit and also its access to a legal system for managing over-indebtedness. Our hypothesis is that the removal of regulatory constraints on a bank’s ability to expand in new geographic markets increases households’ access to credit, which in turn, contributes to a rise in consumer defaults. In the US, we find a net increase in Chapter 13 bankruptcies following a loosening of a state’s restrictions on multi-branch banking, compared to the increase in Chapter 13 bankruptcies in states that did not change their banking rules. The increased mortgage lending after branch deregulation helps explain this rise in Chapter 13 filings, suggesting that homeowners use the Chapter 13 code to save their houses. Further, the effects of the mortgage supply channel are greater in areas with low bank concentration. Overall, our findings are relevant to policymakers in their efforts to either set up a new personal insolvency regime or modify the existing bankruptcy process.

Suggested Citation

  • Chintal A Desai & David H Downs, 2022. "Banking Regulatory Constraints and Personal Bankruptcy Filings in the US," Journal of Financial Regulation, Oxford University Press, vol. 8(1), pages 75-103.
    • Handle: RePEc:oup:refreg:v:8:y:2022:i:1:p:75-103.
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    File URL: http://hdl.handle.net/10.1093/jfr/fjab011
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