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How Does Bankruptcy Law Impact the Elderly's Business and Housing Decisions?

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  • Nadia Greenhalgh-Stanley
  • Shawn Rohlin

Abstract

The elderly are the population most likely to file for bankruptcy, with filings increasing by 150 percent from 1991 to 2007. This is likely because they live with relatively flat incomes and high medical expenses, and their retirement and housing assets are typically exempt from bankruptcy filings. In addition, nine states adopted higher asset exemptions specifically for the elderly. Using the Health and Retirement Study and recent state-by-time variation in homestead exemptions, we are the first to test whether the benefits of partial wealth insurance or the cost of supply-side credit constraints are predominant for the elderly. Using pooled cross-sectional analysis, we find that an increase in a state's homestead exemption increases the elderly's home equity and business ownership; however, the credit constraint is dominant in unlimited-exemption states, which decreases home and business ownership. Panel analysis reveals that an increase in the homestead exemption positively affects home ownership rates and home equity.

Suggested Citation

  • Nadia Greenhalgh-Stanley & Shawn Rohlin, 2013. "How Does Bankruptcy Law Impact the Elderly's Business and Housing Decisions?," Journal of Law and Economics, University of Chicago Press, vol. 56(2), pages 417-451.
    • Handle: RePEc:ucp:jlawec:doi:10.1086/670911
    DOI: 10.1086/670911
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    1. Corradin, S. & Gropp, R. & Huizinga, H.P. & Laeven, L., 2010. "Who Invests in Home Equity to Exempt Wealth from Bankruptcy?," Discussion Paper 2010-118, Tilburg University, Center for Economic Research.
    2. Reint Gropp & John Karl Scholz & Michelle J. White, 1997. "Personal Bankruptcy and Credit Supply and Demand," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 112(1), pages 217-251.
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    4. Wenli Li & Michelle J. White & Ning Zhu, 2011. "Did Bankruptcy Reform Cause Mortgage Defaults to Rise?," American Economic Journal: Economic Policy, American Economic Association, vol. 3(4), pages 123-147, November.
    5. Fan, Wei & White, Michelle J, 2003. "Personal Bankruptcy and the Level of Entrepreneurial Activity," Journal of Law and Economics, University of Chicago Press, vol. 46(2), pages 543-567, October.
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    1. Dal Borgo Mariela, 2021. "Do Bankruptcy Protection Levels Affect Households' Demand for Stocks?," Working Papers 2021-03, Banco de México.
    2. Benjamin B Boozer & S. Keith Lowe & Robert J. Landry III, 2014. "Personal Financial Decisions: A Study of Changes in Homestead Exemption Levels and Consumer Bankruptcy Choices," The International Journal of Business and Finance Research, The Institute for Business and Finance Research, vol. 8(4), pages 17-26.
    3. Stephanie Moulton & Donald Haurin & Samuel Dodini & Maximilian D. Schmeiser, 2020. "How federally insured reverse mortgages affect the credit outcomes of older adults," Journal of Consumer Affairs, Wiley Blackwell, vol. 54(4), pages 1298-1327, December.
    4. Eric Helland & Anupam B. Jena & Dan P. Ly & Seth A. Seabury, 2016. "Self-insuring against Liability Risk: Evidence from Physician Home Values in States with Unlimited Homestead Exemptions," NBER Working Papers 22031, National Bureau of Economic Research, Inc.

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