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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 …
The Debtor Class, Kara J. Bruce
The Debtor Class, Kara J. Bruce
Kara J. Bruce
In recent years, individuals seeking bankruptcy protection have encountered an unexpected harm: their lenders have misrepresented the amounts they owe, lost or misapplied their loan payments, and violated clear requirements of bankruptcy law and procedure. Recent investigations of consumer bankruptcy cases reveal widespread abuse of the bankruptcy code, ranging from the filing of unsupported or overinflated proofs of claim to violations of the automatic stay and discharge injunction. Such practices undermine consumer bankruptcy’s central goals to provide consumer debtors a fresh financial start and to achieve the fair treatment of and distribution of assets to creditors. Because many debtors affected …
Credit Cards And Bankruptcy, Todd J. Zywicki
Credit Cards And Bankruptcy, Todd J. Zywicki
Todd J. Zywicki
From 1980 to 2005 consumer bankruptcy filings increased five-fold. Conventional wisdom holds that a primary cause of rising bankruptcy filing rates was increased household financial distress caused by increased indebtedness caused in turn by increased credit card borrowing. In 2005, Congress enacted the bipartisan Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA). The legislation was enacted in response to twenty-five years of rising bankruptcy filings and a perception of widespread fraud and abuse that threatened the fairness and integrity of the system. BAPCPA marked the most profound and far-reaching overhaul of America’s bankruptcy system in over a generation. In the …