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Full-Text Articles in Law
Consumer Bankruptcy Panel: Bringing Relevance Back To Consumer Bankruptcy, Pamela Foohey, Daniel Keating, David A. Lander, Nathalie Martin, Sage M. Sigler
Consumer Bankruptcy Panel: Bringing Relevance Back To Consumer Bankruptcy, Pamela Foohey, Daniel Keating, David A. Lander, Nathalie Martin, Sage M. Sigler
Articles by Maurer Faculty
No abstract provided.
Consumers' Declining Power In The Fintech Auto Loan Market, Pamela Foohey
Consumers' Declining Power In The Fintech Auto Loan Market, Pamela Foohey
Articles by Maurer Faculty
Automobiles have become part of America’s infrastructure. For most people, having access to a car is crucial to their livelihoods and they will take on significant amounts of debt to purchase vehicles. Auto debt is unlike any other consumer debt, both in its structure, which allows creditors to easily seize collateral, and in its lack of regulation. The unique and lucrative nature of auto debt has not gone unnoticed by lenders or by companies leveraging fintech to offer people new ways to purchase cars and car loans. This Article assesses the evolving marketplace for auto sales, leasing, and loans to …
Consumer Bankruptcy Should Be Increasingly Irrelevant - Why Isn't It?, Pamela Foohey
Consumer Bankruptcy Should Be Increasingly Irrelevant - Why Isn't It?, Pamela Foohey
Articles by Maurer Faculty
There are important reasons why consumer bankruptcy remains relevant, even if consumers’ and bankruptcy’s interests have diverged. Some of these reasons suggest that it is more relevant than ever. The remainder of this response overviews the place consumer bankruptcy presently occupies in the United States. In doing so, I detail why consumer bankruptcy remains relevant in the face of a socio-economic structure and of laws that suggest that bankruptcy may not be a particularly useful place for struggling Americans to turn to for help. The response ends by calling for a bolder vision for consumer bankruptcy in light of the …
A New Deal For Debtors: Providing Procedural Justice In Consumer Bankruptcy, Pamela Foohey
A New Deal For Debtors: Providing Procedural Justice In Consumer Bankruptcy, Pamela Foohey
Scholarly Works
Across the criminal and civil justice systems, research regarding procedural justice — feeling that one has a voice, is respected, and is before a neutral and even-handed adjudicator — shows that people’s positive perceptions of legal processes are fundamental to the legal system’s effectiveness and to the rule of law. About a million people file bankruptcy every year, making the consumer bankruptcy system the part of the federal court system with which people most often come into contact. Given the importance of bankruptcy to American families and the credit economy, there should exist a rich literature theorizing and investigating how …
Access To Consumer Bankruptcy, Pamela Foohey
Access To Consumer Bankruptcy, Pamela Foohey
Scholarly Works
This essay examines the state of access to justice in the context of consumer bankruptcy from two vantage points: (1) how people decide that their money problems are legal problems addressable by filing bankruptcy; and (2) the barriers people face in using the consumer bankruptcy system. To shed new light on how people decide to use bankruptcy to address their financial troubles, I analyze a sample of narratives accompanying consumers' complaints about financial products and services submitted to the Consumer Financial Protection Bureau. I also chronicle the evolution of research regarding consumer bankruptcy’s “local legal culture,” systemic racial bias, and …