Attorneys’ Fees and Chapter Choice: Exploring 'No Money Down' Chapter 13 Bankruptcy

ABI Journal, Vol. XXXVI, No. 6 (2017)

4 Pages Posted: 24 Oct 2019

See all articles by Pamela Foohey

Pamela Foohey

Indiana University Maurer School of Law

Robert M. Lawless

University of Illinois College of Law

Katherine M. Porter

University of California - Irvine School of Law

Deborah Thorne

University of Idaho

Date Written: June 1, 2017

Abstract

This short piece summarizes our findings based on Consumer Bankruptcy Project data that we detailed in "No Money Down" Bankruptcy, 90 S. Cal. L. Rev. 1055 (2017). In addition to noting the increasingly common practice of consumer debtors filing chapter 13 bankruptcy without paying anything in attorneys' fees prior to filing, in this piece, we also discuss the law that influenced the creation of “no money down” chapter 13s, which households are more likely to file with “no money down,” and why this type of chapter 13 case might be less than optimal for the consumer bankruptcy system. The piece ends by highlighting our suggestions for reforms to correct some of the inefficiencies resulting from the circumstances that create “no money down” bankruptcy.

Keywords: bankruptcy, bankruptcy reform, chapter 7, chapter 13, consumer debtors, consumer bankruptcy, access to justice, attorneys fees, professional responsibility

JEL Classification: D10, K35

Suggested Citation

Foohey, Pamela and Lawless, Robert M. and Porter, Katherine M. and Thorne, Deborah, Attorneys’ Fees and Chapter Choice: Exploring 'No Money Down' Chapter 13 Bankruptcy (June 1, 2017). ABI Journal, Vol. XXXVI, No. 6 (2017). Available at SSRN: https://ssrn.com/abstract=3467217

Pamela Foohey (Contact Author)

Indiana University Maurer School of Law ( email )

211 S. Indiana Avenue
Bloomington, IN 47405
United States
812-855-1257 (Phone)

Robert M. Lawless

University of Illinois College of Law ( email )

504 E. Pennsylvania Avenue
Champaign, IL 61820
United States

Katherine M. Porter

University of California - Irvine School of Law ( email )

401 E. Peltason Dr.
Ste. 1000
Irvine, CA 92697-1000
United States

Deborah Thorne

University of Idaho ( email )

Moscow, ID 83844
United States

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
5
Abstract Views
72
PlumX Metrics