Kilpatrick Townsend

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Bankruptcy’s Blind Spot: An Examination of How the System Turns its Back on Mentally Ill Debtors

Emory Bankruptcy Developments Journal, Vol. 42, Issue 3

August 1, 2026

Written by Ashley E. Deady

The intersection of mental illness and financial hardship creates significant barriers to economic stability, particularly within the bankruptcy system. While the Bankruptcy Code aims to provide relief to the “honest but unfortunate debtor,” its rigid framework often exacerbates the struggles it seeks to alleviate. This Comment examines how the means test and debtor education requirements under the Bankruptcy Abuse Prevention and Consumer Protection Act (“BAPCPA”) fail to consider the realities of debtors with mental illness.

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Ashley E. Deady

adeady@ktslaw.com