TY - JOUR AU - White,Michelle J. AU - Zhu,Ning TI - Saving Your Home in Chapter 13 Bankruptcy JF - National Bureau of Economic Research Working Paper Series VL - No. 14179 PY - 2008 Y2 - July 2008 UR - http://www.nber.org/papers/w14179 L1 - http://www.nber.org/papers/w14179.pdf N1 - Author contact info: Michelle J. White Department of Economics University of California, San Diego La Jolla, CA 92093-0508 Tel: 858/534-2783 Fax: 858/534-7040 E-Mail: miwhite@ucsd.edu Ning Zhu Graduate School of Management UC, Davis One Shields Avenue Davis, CA 95616-8609 Tel: 530/752-3871 Fax: 530/752-2924 E-Mail: nzhu@saif.sjtu.edu.cn AB - This paper examines how filing for bankruptcy under Chapter 13 helps financially distressed debtors save their homes. We develop a model of debtors’ decisions to default on their mortgages and file for bankruptcy under Chapter 13 and evaluate the model using new data on Chapter 13 bankruptcy filers. We also examine the effect of allowing bankruptcy judges to reduce debtors’ mortgage payments, i.e., introducing “cram-down” of mortgages in Chapter 13.

We find that 96% of Chapter 13 filers are homeowners and 79% of filers repay mortgage debt in their repayment plans; while just 9% of filers repay only unsecured debt in their plans. These results suggest that filers use Chapter 13 almost exclusively as a “save-your-home” procedure. But under current law, only about 1% Chapter 13 filers save their homes when they would otherwise have defaulted. If cram-down were introduced, we predict that this fraction would increase to 10%. The cost to lenders of introducing cram-down is estimated to be $264,000 per home saved and $30 billion in total. ER -