Bankruptcy law’s current prohibition on modifying home business loans is a serious
limitation on bankruptcy’s usefulness as a home-saving device. Families who have recovered
from temporary income declines or whose primary financial problem is large unsecured home business debts
may succeed in saving their homes in bankruptcy. However, the families who are in financial
distress because they are trapped in unaffordable home loans may find little relief under existing
bankruptcy law. The remainder of this Article constructs an empirical measure of the affordability
of bankrupt families’ housing costs in relation to their current incomes and analyzes the
implications of these findings for bankruptcy’s potential as a foreclosure prevention system.

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     " An example from a bankruptcy case in the Mortgage Study sample is illustrative.14 This
bankrupt family had a thirty-year fixed-rate mortgage loan with an interest rate of 7.35%. The
monthly mortgage payment for principal and interest at the time of the debtor’s bankruptcy filing
was $503. Other housing costs such as taxes, insurance, water, sewer, electricity and heating fuel
added another $286 per month to the housing expenses, which totaled $789. The family’s
monthly gross income at the time of the bankruptcy filing was $1908. This family’s housing costs
subsumed 41% of its income. When it filed bankruptcy, the family owed a past due debt to its
mortgage creditor of $5234 in principal and interest and $1228 in fees and costs. To cure the
default and save its home from stop foreclosure, this family needed to repay this total arrearage of
$6462. Currently the most common loss mitigation option offered by mortgage companies to
struggling homeowners is a repayment plan. Yet, this non-bankruptcy option is not likely to be
workable for this family. Under a typical twelve-month repayment plan ."

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