Emory Bankruptcy Developments Journal

Volume 34Issue 2
The Fifteenth Annual Emory Bankruptcy Developments Journal Symposium


Patrick Maher | 34 Emory Bankr. Dev. J. 317 (2018)

On February 22, 2018, the Emory Bankruptcy Developments Journal hosted its Fifteenth Annual Symposium. Each year, the Journal seeks to highlight and address timely bankruptcy topics that will engage academics, practitioners, and students alike. This year’s Symposium featured a consumer bankruptcy panel and a corporate bankruptcy panel. The Consumer Panel explored access to consumer bankruptcy and the Corporate Panel discussed the Supreme Court’s recent Jevic case.

Read More »

Corporate Bankruptcy Panel—Unpacking Jevic: An Attempt to Put the “Structure” Back in Structured Dismissals

Alexandra Dugan, Leah Fiorenza, Katie Good, Monique Hayes | 34 Emory Bankr. Dev. J. 319 (2018)

A discussion by this year’s Corporate Panel on the Supreme Court’s recent decision in Czyzewski v. Jevic Holding Corp. This discussion was led by Leah Fiorenza McNeill of Bryan Cave Atlanta, Alexandra Dugan of Bradley Arant Boult Cummings LLP, Monique D. Hayes of Goldstein & McClintock, and Katie Good of Whiteford Taylor & Preston.

Read More »

Access to Consumer Bankruptcy

Pamela Foohey | 34 Emory Bankr. Dev. J. 341 (2018)

In this Essay, Professor Pamela Foohey of the Indiana University Maurer School of Law, examines the state of access to justice in the context of consumer bankruptcy. As with the use of any legal remedy, before turning to bankruptcy, people first must recognize the relevancy of law, the legal system, and bankruptcy to help solve their financial problems. This aspect of access to bankruptcy is the least researched, despite being critical to the ultimate delivery of bankruptcy’s “fresh start.” This piece explores some of the complex causes of the relative dearth of consumer bankruptcy filings by examining CFPB records and other empirical data.

Read More »

Private Remedies and Access to Justice in a Post-Midland World

Kara J. Bruce, Alexandra P.E. Sickler | 34 Emory Bankr. Dev. J. 365 (2018)

Professors Kara Bruce of the University of Toledo College of Law and Alexandra Sickler of the University of North Dakota School of Law, question whether the current state of affairs of the Fair Debt Collection Practices Act and the Supreme Court’s decision in Midland is in line with the balance of powers contemplated by the Code or feasible in light of the realities of bankruptcy practice. This Essay examines how creditor under-compliance and overreaching can impair access to justice in consumer bankruptcy cases. The authors consider generally the role that private litigation might play in addressing this problem. In Part II, the authors trace the arc of FDCPA litigation from its origins in the Eleventh Circuit in Crawford v. LVNV Funding, LLC to its end, with the Supreme Court’s decision in Midland Funding v. Johnson. They also outline how the bankruptcy system has struggled to address stale debt claims after Midland Funding. In Part III the authors conclude by considering the lessons of this short-lived legal theory on the utility of private litigation as a tool to achieve access to justice in consumer bankruptcy cases.

Read More »

Cities as a Source of Consumers’ Financial Empowerment

Susan Block-Lieb | 34 Emory Bankr. Dev. J. 387 (2018)

Professor Susan Block-Lieb, the Cooper Family Chair in Urban Legal Issues at Fordham Law, proposes that cities should be considered as an important source of consumer protection. Professor Block-Lieb examines various cities’ initiatives to provide debt advice to consumers, enhance consumers’ financial inclusion, and enable consumers to register complaints about financial services and possibly to mediate those disputes. It also explores some of the limitations of each of these strategies for consumer financial protection. The Essay next explains why cities can perform these sorts of consumer financial protection initiatives—that is, empowerment initiatives—better than other levels of government. This explanation is focused on cities’ concentrated proximity to consumers, their existing infrastructures, and their uniquely pragmatic methods of work. The author concludes by emphasizing the payoffs and limitations of emphasizing cities’ expertise in providing empowerment initiatives to resident consumers.

Read More »