Tag: Robert M. Lawless

Over the almost 45 years the Consumer Bankruptcy Project has been collecting data, the landscape of debt in the United States has shifted significantly. Updating that work is “Debt’s Grip,” a new book by Professor Robert Lawless and his fellow principal investigators telling the story of financial struggle in the United States in the words of bankruptcy filers themselves.

“It was time to document the many ways things have changed, but also the way things have not,” Lawless said. “One of the sad things is American households continue to struggle for many of the same reasons they did 35 years ago.”

“Debt’s Grip,” which is available everywhere now, provides an update on the Consumer Bankruptcy Project, started by Teresa Sullivan, Elizabeth Warren, and Jay Westbrook. Their work, dating back to the 1980s, provided novel insight by combining bankruptcy court records and surveys that asked individuals to tell their story in their own words.

Lawless joined the Consumer Bankruptcy Project in 2001 and later became one of its principal investigators. Along with many student research assistants from the College of Law, Lawless and co-authors Pamela Foohey (who served as a visiting assistant professor at Illinois from 2012–14) and Deborah Thorne have been doing continuous data collection for the project since 2013 and publishing in law reviews and sociology journals. This intensive effort, along with greater access to technology, has helped the group provide new insights into debt in the U.S and provided the foundation for “Debt’s Grip.”

“We lean more into the demographics of bankruptcy in this book because the last book was written with data before the internet,” Lawless said. “There’s a lot more we know now about the demographics of who files bankruptcy…. We have a nationally representative picture of who files bankruptcy.”

This book is the first Lawless has written for a broader audience. As with textbooks, the goal of “Debt’s Grip” is to share his expertise and teach the reader, but Lawless hopes this book can inform decision makers like lawyers, judges, other policy leaders in the field of bankruptcy.

“We put some context into what it means to live at the financial edge. People have stories of going without medicine, without food, or sacrifices to keep a car running so they can get to work or they can get their children to school. The book, I hope, details and lays out what that really means,” he said.

“Debt’s Grip” is published by the University of California Press and available now. For more information on Professor Lawless, visit his faculty page on our website.

“It’ll just be a steady drip, drip, drip of companies trying to game the system and nickel and dime people via aggressive practices,” Professor Robert Lawless told the Illinois News Bureau about changes to the Consumer Financial Protection Bureau. He noted that laws preventing actions like those taken by banks preceding the subprime mortgage crisis will still be in effect, but other protections are very much at risk. “Over the long run, it’s going to affect people. It’ll be the frog and the boiling pot of water. It’ll be a steady ratcheting up of unfair practices, and there will be no more cops left to police the beat,” he added.

Read his full interview with the Illinois News Bureau.

Tara Twomey’s tenure as executive director of the U.S. Trustee Program was recently terminated by the Trump administration, drawing criticism from Professor Robert Lawless. In a blog for Credit Slips, Lawless writes that “Under Twomey’s leadership the US Trustee Program did dozens of things that make the system work just a little bit better for the people who need it,” and Bloomberg quoted him as saying the move was “a short-sighted and likely illegal decision.” In a follow-up blog, Lawless also responded to criticism of Twomey and defended her qualifications to work at the Department of Justice.

Read Lawless’s original blog post and follow-up post.

Read Bloomberg’s coverage of the issue.

When struggling with debt, many people delay filing for bankruptcy as long as possible; however, delaying may be more harmful than many realize. “People misunderstand bankruptcy and wait too long to see a bankruptcy lawyer. Most people would benefit by going earlier,” Professor Robert Lawless told CBS in a new article about the timing of personal bankruptcy filings. Lawless also shares tips for those who may need to file and his opinion on how the system could be improved.

Read more from CBS News.

Research on overindebtedness and household incomes represents “low-hanging fruit,” according to Professor Robert Lawless. In a new article published in the Annual Review of Law and Social Science, he and his co-authors review current literature about who files bankruptcy, what causes bankruptcy, what happens in bankruptcy court, and what happens after cases conclude. They also propose a research agenda that will contribute to broader sociological and sociolegal research agendas in various fields.

Read the full article online.

Though the results of the November elections in the United States will represent a mandate for one group, there are several issues the Biden administration will likely seek to address in its last few months in the White House. The Wall Street Journal compiled a list of some of these policy priorities, including student-loan discharges. Professor Robert Lawless, an expert in bankruptcy issues, told the Journal changes made to student-loan discharges in bankruptcy are not supported by Republicans, who would likely rescind those changes immediately.

Read the full article here.

“For any court process to be seen as fair, people must see the judge as unbiased and believe the judge based the decision only on the evidence presented,” Professor Robert Lawless writes in an opinion article published by Bloomberg Law. Though this statement seems uncontroversial, the practice of “venue shopping” for bankruptcy proceedings undermines the credibility of the courts. Lawless writes that some bankruptcy judges have openly admitted wanting to attract large Chapter 11 cases, which makes their decisions seem less than legitimate, a problem that must be remedied.

Read his full op-ed online.