Consumer Bankruptcy Should Be Increasingly Irrelevant—Why Isn’t It?

Professor Pamela Foohey responds to Professor Martin’s argument by pointing out a number of important reasons why consumer bankruptcy remains relevant. Moreover, the author argues that some of these reasons suggest that it is more relevant than ever. This Article overviews the place consumer bankruptcy presently occupies in the United States. In doing so, Foohey details 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.

Foohey argues it is the time for bigger changes to the system that have a greater chance of making consumer bankruptcy relevant to Americans’ needs. The Article concludes with suggestions to streamline the consumer bankruptcy system to provide people with a place to turn to deal with their financial struggles that more fully accounts for why they have come to bankruptcy for help.