Reading ComprehensionDifficulty: Easy

PT128 S1 P2 Q12 Explanation

Bankruptcy Law

A free, expert breakdown of this official LSAT Reading Comprehension question.

TopicsInferenceLaw

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Passage

In many Western societies, modern bankruptcy laws have undergone a shift away from a focus on punishment and toward a focus on bankruptcy as a remedy for individuals and corporations in financial trouble—and, perhaps unexpectedly, for their creditors. This shift has coincided with an ever-increasing reliance on declarations of bankruptcy by individuals the needs of an interdependent society, serve the varied interests of the greatest number of citizens.

The harsh punishment for insolvency in centuries past included imprisonment of individuals and dissolution of enterprises, and reflected societies' beliefs that the accumulation of excessive debt resulted either from debtors' unwillingness to meet, obligations or from their negligence. Insolvent debtors were thought to be breaking sacrosanct social contracts; placing debtors in prison example, an auto manufacturer, its dissolution would cause significant unemployment and the disruption of much-needed services.

Modern bankruptcy law has attempted to address the shortcomings of the punitive approach. Two beliefs underlie this shift: that the public good ought to be paramount in considering the financial insolvency of individuals and corporations; and that the public good is better served by allowing debt-heavy corporations to continue to operate, and individuals to a degree of economic health and providing creditors with the best hope of collecting.

What this question is testing

Inference

Your task

Find what must be true based on what the passage or stimulus states.

Common trap

Answers that are plausible or likely but not actually guaranteed by the text.

Winning move

Keep only the choice the statements fully support — eliminate anything that requires an extra assumption.

Reading along? Open the full official question in LawHub — we show a fragment here and keep the reasoning in our own words.

The question
12.

The information in the passage most strongly suggests which one of the following about changes

Answer choices

  1. Too Strong1% picked this

    Bankruptcy laws always result from gradual changes in philosophy followed by sudden

    The passage does not provides enough information to describe all shifts in bankruptcy laws.

  2. Unsupported Comparison / Too Strong2% picked this

    Changes in bankruptcy law were initiated by the courts and only grudgingly

    The passage does not indicate whether the courts or legislators were the first to advocate for changes to bankruptcy laws. Furthermore, that the courts direct the reorganization of insolvent economic entities (third paragraph) does not mean that they were the source of changes to bankruptcy laws.

  3. Intuition Trap4% picked this

    The adjustment of bankruptcy laws away from a punitive focus was at first bitterly

    The passage does say that the increasing reliance on declarations of bankruptcy has drawn widespread criticism (first paragraph), but it does not say from whom. Intuitively, it might make sense that creditors would oppose debt forgiveness, but the passage does not say that nor is that a commonsense standard given that creditors did not benefit from the punitive approach either (second paragraph).

  4. Correct84% picked this

    Bankruptcy laws underwent change because the traditional approach proved inadequate and contrary to the

    Why this is right

    This is supported in the third paragraph.

    Skill tested: Inference · how this choice captures the passage's function is the move to repeat next time.

  5. Unsupported Comparison9% picked this

    The shift away from a punitive approach to insolvency was part of a more general trend in society toward

    The passage does not support a view about a general trend towards rehabilitation. The passage correlates the changes to bankruptcy laws with the increasing reliance on declarations of bankruptcy (lines 6–9).

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