Setting the Record Straight: A Sur-Reply to Professors Lawless et al

Abstract:     
I have recently engaged in a scholarly exchange with Professors Robert M. Lawless, Angela K. Littwin, Katherine M. Porter, John A. E. Pottow, Deborah K. Thorne, and Elizabeth Warren that debates the conclusions they have drawn in their first report from the 2007 Consumer Bankruptcy Project (the "First Report"). Unfortunately, the reply of Professors Lawless et al. to my critique mischaracterizes, misinterprets, and does not fully engage with the constructive commentary that I suggested. This sur-reply clarifies the misperceptions and mischaracterizations of my commentary by Professors Lawless et al. and demonstrates that my arguments not only are grounded in a compelling theory of the operation of the bankruptcy system and an understanding of the First Report's data, but also offer useful ideas for exploring available empirical data.

Keywords: 2007 Consumer Bankruptcy Project, bankruptcy reform, consumer debtors, means test

Working Paper Series