Race Disparity in Bankruptcy Chapter Choice and the Role of Debtors’ Attorneys

14 Pages Posted: 7 Feb 2013 Last revised: 18 Jun 2013

See all articles by Jean Braucher

Jean Braucher

University of Arizona - James E. Rogers College of Law (Deceased)

Dov J. Cohen

University of Illinois College of Law

Robert M. Lawless

University of Illinois College of Law

Date Written: 2012

Abstract

In “Race, Attorney Influence, and Bankruptcy Chapter Choice,” which appeared in the Journal of Empirical Legal Studies, we reported on two studies. The first study used real-world bankruptcy data and documented a large racial disparity in bankruptcy chapter choice. Even after controlling for numerous factors, African Americans in bankruptcy used chapter 13 at rates that were approximately twice as great as the rates at which other races chose chapter 13. In the second study, attorneys were more likely to recommend chapter 13 bankruptcy to a couple named “Reggie & Latisha” as compared to a couple named “Todd & Allison.”

The American Bankruptcy Institute and the St. John’s University School of Law sponsored a symposium entitled “Bankruptcy and Race: Is There a Relation” that explored our earlier studies. We prepared this paper for that symposium and summarize our earlier findings in a more traditional law-review format.

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

JEL Classification: K49

Suggested Citation

Braucher, Jean and Cohen, Dov J. and Lawless, Robert M., Race Disparity in Bankruptcy Chapter Choice and the Role of Debtors’ Attorneys (2012). 20 American Bankruptcy Institute Law Review 611 (2012), Arizona Legal Studies Discussion Paper No. 13-31, Available at SSRN: https://ssrn.com/abstract=2211712

Jean Braucher

University of Arizona - James E. Rogers College of Law (Deceased) ( email )

Dov J. 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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