Melissa B. Jacoby, "Unjust Debts: How Our Bankruptcy System Makes America More Unequal" (New Press, 2024)
Dec 13, 2024
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Melissa B. Jacoby, Graham Kenan Professor of Law, dives into the complexities of America's bankruptcy system. She explains how it serves the wealthy while leaving marginalized communities more vulnerable. The discussion reveals how racial disparities in bankruptcy impact Black Americans and exacerbate economic inequality. Jacoby also highlights the preferential treatment corporations receive and the need for reforms to ensure fairness. Her insights illuminate the connections between bankruptcy and broader social justice issues, making a compelling case for systemic change.
The bankruptcy system disproportionately burdens Black individuals, often relegating them to less beneficial repayment plans rather than debt cancellation options.
Corporate bankruptcies benefit from lenient treatment, allowing for greater debt cancellations while shielding executives from personal liability in contrast to individual filers.
Deep dives
Understanding Bankruptcy Basics
Bankruptcy serves as a mechanism for individuals and entities that cannot meet their financial obligations. It exists to manage the claims of multiple creditors while offering a fresh start to honest debtors. The process typically involves the filing of a petition where various types of debts may be addressed, with common practices including Chapter 7 and Chapter 13 filings for individuals. These chapters allow for the liquidation of assets or the creation of repayment plans, respectively, although they come with various challenges, especially in terms of costs and requirements for legal representation.
Racial Inequality in Bankruptcy Proceedings
The bankruptcy system exacerbates existing racial inequalities by disproportionately channeling Black individuals into less beneficial repayment plans rather than debt cancellation options. Studies show that Black Americans who file for bankruptcy often pay more for relief yet receive less favorable outcomes than their white counterparts. This inequity extends to how bankruptcy laws treat assets, with exemptions often designed in a way that benefits predominantly white families. Additionally, systemic issues, such as the treatment of student loans and municipal fines, disproportionately impact Black communities, further entrenching financial disparities.
Corporate Bankruptcy Dynamics
The bankruptcy system treats corporations with more leniency compared to individual filers, allowing for broader debt cancellations and expedited processes. Corporations can often restructure their debts without undergoing the same level of scrutiny that individuals face in bankruptcy proceedings. This favorable treatment means that corporate misconduct, including significant legal violations, can be addressed in ways that shield executives from personal liability. Such disparities raise questions about the fundamental principles of equity and accountability within the bankruptcy framework.
Proposed Reforms for a Fairer System
To address the inequities in the bankruptcy system, a call for streamlining the process and focusing on its core function of debt cancellation is essential. Proposed reforms aim to reduce the complexity of bankruptcy proceedings, making it easier for individuals to gain equitable access and relief. It is also highlighted that the approach should include a rule-of-law focus to eliminate discretionary practices that currently disadvantage marginalized groups. Ultimately, an equitable reform agenda in the bankruptcy system could serve as a pivotal step towards reducing systemic racial and economic inequalities.
In theory, bankruptcy in America exists to cancel or restructure debts for people and companies that have way too many--a safety valve designed to provide a mechanism for restarting lives and businesses when things go wrong financially. In this brilliant and paradigm-shifting book, legal scholar Melissa B. Jacoby shows how bankruptcy has also become an escape hatch for powerful individuals, corporations, and governments, contributing in unseen and poorly understood ways to race, gender, and class inequality in America. When cities go bankrupt, for example, police unions enjoy added leverage while police brutality victims are denied a seat at the negotiating table; the system is more forgiving of civil rights abuses than of the parking tickets disproportionately distributed in African American neighborhoods. Across a broad range of crucial issues, Unjust Debts: How Our Bankruptcy System Makes America More Unequal(New Press, 2024) reveals the hidden mechanisms by which bankruptcy impacts everything from sexual harassment to health care, police violence to employment discrimination, and the opioid crisis to gun violence. In the tradition of Matthew Desmond's groundbreaking Evicted, Unjust Debts is a riveting and original work of accessible scholarship with huge implications for ordinary people and will set the terms of debate for this vital subject.
Melissa B. Jacoby is the Graham Kenan Professor of Law at the University of North Carolina at Chapel Hill.