Abstract

http://ssrn.com/abstract=2211745
 


 



Reflections on the Responses to 'Race, Attorney Influence, and Bankruptcy Chapter Choice'


Jean Braucher


University of Arizona - James E. Rogers College of Law

Dov Cohen


University of Illinois College of Law

Robert M. Lawless


University of Illinois College of Law

2012

20 American Bankruptcy Institute Law Review 725 (2012)
Arizona Legal Studies Discussion Paper No. 13-32
Illinois Program in Law, Behavior and Social Science Paper No. LBSS13-30

Abstract:     
In the symposium “Bankruptcy and Race: Is There a Relation?,” participants responded to our earlier article on race and bankruptcy chapter choice that appeared in the Journal of Empirical Legal Studies. Our article found that African Americans were overrepresented in chapter 13 and found evidence consistent with the hypothesis that bankruptcy attorneys were playing a role in creating this disparity. The symposium participants used our data to expand and interpret our results as well as consider the policy implications of our findings.

In this paper, we reflect on the symposium responses as well as add new data to our earlier findings. We first report data showing that African Americans pay lower attorneys’ fees than debtors of other races for chapter 7 but about the same for chapter 13. The data we have, however, do not allow us to address whether this difference plays a role in creating the racial disparity. We also report data showing that the racial disparity is the greatest for African Americans represented by an attorney rather than acting pro se.

Number of Pages in PDF File: 19

Keywords: bankruptcy, chapter 13, local legal culture, race

JEL Classification: K49

Accepted Paper Series


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Date posted: February 7, 2013 ; Last revised: June 21, 2013

Suggested Citation

Braucher, Jean and Cohen, Dov and Lawless, Robert M., Reflections on the Responses to 'Race, Attorney Influence, and Bankruptcy Chapter Choice' (2012). 20 American Bankruptcy Institute Law Review 725 (2012); Arizona Legal Studies Discussion Paper No. 13-32; Illinois Program in Law, Behavior and Social Science Paper No. LBSS13-30. Available at SSRN: http://ssrn.com/abstract=2211745

Contact Information

Jean Braucher
University of Arizona - James E. Rogers College of Law ( email )
P.O. Box 210176
Tucson, AZ 85721-0176
United States
Dov Cohen
University of Illinois College of Law ( email )
504 E. Pennsylvania Avenue
Champaign, IL 61820
United States
Robert M. Lawless (Contact Author)
University of Illinois College of Law ( email )
504 E. Pennsylvania Avenue
Champaign, IL 61820
United States

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