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52 U. Louisville L. Rev. 39 (2013)
Re-Purposing Dram Shop Law to Subordinate the Claims of Reckless Bartenders of Credit Drunks: In Bankruptcy, This One Should be on the House
F. Stephen Knippenberg*
Abstract

It has been an era of finger wagging at debtors and arming the credit community. Revised Article 9 heaped advantages upon secured creditors to further “facilitate” secured lending. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA or the Act) introduced daunting provisions calculated to dissuade consumer debtors from filing for bankruptcy at all and to coerce them into Chapter 13 otherwise,  while at the same time it contracted the scope of the discharge in both Chapter 7 and Chapter 13 bankruptcy.  The outcome was a prodigious shift in bankruptcy policy in the direction of creditor recovery and away from the fresh start.

* Floyd and Martha Norris Chair and Professor of Law, University of Oklahoma College of Law.