Pamela Foohey
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Articles by Pamela Foohey
Bankruptcy Has Helped Some Black Churches Bounce Back
STEVE BROWN DESCRIBED Shiloh Missionary Baptist Church, the church where he had served as a trustee for many years, as being in “the poverty-stricken area of Daytona Beach [Florida]. We’re in the ’hood, in layman’s terms.” When I drove to Daytona Beach in April 2024 to take pictures of Shiloh’s sanctuary, I continued past the church and into its neighborhood.
Forgive Us Our Debts Now Available!
It’s publication day for my new book, Forgive Us Our Debts: How Black Churches Use Bankruptcy to Survive. If you were to pick up a copy, its back begins, “When American churches face financial difficulties, a disproportionately high number of Black churches reorganize under chapter 11 bankruptcy.” That is true, based on my research of the over 1,000 religious organizations that filed chapter 11 between 2006 and 2021. Over 60% of the churches that filed were Black churches.
Texas Two-Step Spat Revival Deserves Supreme Court’s Attention Original
Must a debtor be in financial distress to be in bankruptcy? This is essentially the question presented by the petition for a writ of certiorari to the US Supreme Court filed by the Official Committee of Asbestos Claimants in Bestwall LLC’s Chapter 11 bankruptcy case.
Teaching Trustee Exemption Planning in Bankruptcy
Since I began teaching the bankruptcy survey course, I've added extra material apart from the textbook that I've named "trustee exemption planning." The core of this material is Schwab v. Reilly, 560 U.S. 770 (2010), which I've assigned more or less in its entirety.
Credit Slips Now on Mastodon
Nine years ago, Credit Slips announced its new Twitter feed. Credit Slips is now also on Mastondon, at @creditslips.mastodon.lawprofs.org. We'll put links to our posts on Mastodon as they are published, as well as boost Credit Slips authors. For now, we'll also continue adding posts to our Twitter feed. Come find us on Mastodon!
DOJ and DOE New Guidelines for Supporting Student Loan Discharge in Bankruptcy = More Student Loan Discharges?
Most notably, if a debtor meets certain criteria, the DOJ and DOE will support the debtor's request for a discharge. The bankruptcy judge will have the final say as to whether the debtor meets the undue hardship standard. Yet having the DOJ and DOE not merely not object to the discharge request, but proactively support the discharge request, in many instances, likely will result in the judge agreeing with the DOJ, DOE, and the debtor.
Portraits of Bankruptcy Filers
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Sexual abuse survivors are voting on the Boy Scouts bankruptcy settlement: 5 questions answered
Sexual abuse survivors are voting on the Boy Scouts bankruptcy settlement: 5 questions answered (The Conversation is an independent and nonprofit source of news, analysis and commentary from academic experts.) (THE CONVERSATION) The Boy Scouts’ bankruptcy casecrossed an important milestone on Sept. 29, 2021, when Judge Laura Selber Silverstein approved the Boy Scouts’ statement that explains its plan to exit bankruptcy.
Sexual abuse survivors are voting on the Boy Scouts bankruptcy settlement: 5 questions answered Original
The Boy Scouts’ bankruptcy case crossed an important milestone on Sept. 29, 2021, when Judge Laura Selber Silverstein approved the Boy Scouts’ statement that explains its plan to exit bankruptcy. That statement includes a proposal for compensating the tens of thousands of people who filed claims attesting that they were sexually abused while participating in the Boy Scouts’ programs. Survivors now get a chance to vote on the Boy Scouts’ exit plan.
How the CFPB Can Enhance Competition in Consumer Finance Right Now (Harvard Law Review) | Earlier this summer, President Biden delivered on a highly anticipated campaign promise to crack down on corporate monopolies and boost competition across the econom
Consumer Protection September 11, 2021 by Pamela Foohey The Consumer Financial Protection Bureau | Image by afagen Earlier this summer, President Biden delivered on a highly anticipated campaign promise to crack down on corporate monopolies and boost competition across the economy.
Understanding the Boy Scouts’ sexual assault settlement and whether it’s adequate
The tentative settlement between the Boy Scouts of America and its sexual abuse survivors is one of the largest in U.S. history. But the national organization had filed for bankruptcy in the winter of 2020. So just how much will survivors receive and is the settlement adequate? John Yang reports with attorney Kenneth Rothweiler, who represents about 16,000 claimants and negotiated the settlement.
Coming Wave of Loan Defaults
Pamela Foohey & Dalie Jimenez & Christopher Odinet The Hill June 29, 2021 Now is the moment for policymakers and financial regulators to learn from their mistakes during the Great Recession in leaving people on their own to determine how to manage their debts. Read Full Article »
Regulators must get ahead of the coming wave of loan defaults
Relief programs created during the COVID-19 pandemic provided many Americans with pauses on their largest debts, particularly mortgages and student loans. Other people came to agreements with auto loan and credit card lenders about payment. This relief helped many people survive, freeing up money to pay for necessities. But forbearance does not equal forgiveness. People will have to face the debt obligations that come with mortgages, auto loans, credit cards and student loans.
Opinion | How Government Rules Prevent Poor Americans From Saving Original
Tens of millions of Americans have lost their jobs since the start of the pandemic, many with little to no savings to fall back on. | Paul Sakuma/AP Photo Pamela Foohey is a professor of law at Indiana University Maurer School of Law. Sara S. Greene is a professor of law at Duke University School of Law. As Washington debates whether to provide more financial relief to the unemployed or a second round of stimulus payments, Americans’ lack of savings is on display more than ever.
Law and Political Economy Blog - LPE Project
Formalizing Childcare Through Subsidies: A Distributional Critique U.S. childcare policy increasingly drives resources into large, formal centers under the banner of “quality assurance.” This trend has devastating impacts on home-based providers and the working families they serve. Weekly Roundup: June 17, 2022 The increasing use of criminal penalties against climate activists, the importance of bankruptcy to American households, and an anti-monopoly open course for the pure at heart.
Bankruptcy courts left ill-prepared for tsunami of people going broke from coronavirus shutdown
As more Americans lose all or part of their incomes and struggle with mounting debts, another crisis looms: a wave of personal bankruptcies. Bankruptcy can discharge or erase many types of debts and stop foreclosures, repossessions and wage garnishments. But our research shows the bankruptcy system is difficult to navigate even in normal times, particularly for minorities, the elderly and those in rural areas.
Bankruptcy courts ill-prepared for tsunami of people going broke from coronavirus shutdown
The courts are sheltering in place too. 101cats/Getty Images As more Americans lose all or part of their incomes and struggle with mounting debts, another crisis looms: a wave of personal bankruptcies. Bankruptcy can discharge or erase many types of debts and stop foreclosures, repossessions and wage garnishments. But our research shows the bankruptcy system is difficult to navigate even in normal times, particularly for minorities, the elderly and those in rural areas.
INSIGHT: The CARES Act Could Put People on the Street-Here’s a Solution
Keeping Americans in their homes should have been among Congress’s top priorities in crafting the CARES Act. Home foreclosures and evictions will put people out on the streets, sabotaging social distancing and shelter-in-place efforts and creating an even larger public health crisis. Yet the CARES Act contains only a few provisions that could help American families stay in their homes, and those provisions fail to adequately protect people’s living situations.
INSIGHT: The CARES Act Could Put People on the Street-Here’s a Solution
Keeping Americans in their homes should have been among Congress’s top priorities in crafting the CARES Act. Home foreclosures and evictions will put people out on the streets, sabotaging social distancing and shelter-in-place efforts and creating an even larger public health crisis. Yet the CARES Act contains only a few provisions that could help American families stay in their homes, and those provisions fail to adequately protect people’s living situations.
Cares Act Gimmicks: How Not to Give People Money During a Pandemic and What to Do Instead
Saturday, April 11, 2020 Op-Ed: Pamela Foohey, Dalié Jiménez, & Christopher K. Odinet The coronavirus pandemic has upturned Americans’ lives. Within the first few weeks, millions of Americans reported being laid off from their jobs. Other people are working reduced hours or working remotely from home. Children’s daycares and schools are closed, and parents have been thrown into new roles as educators and full-time babysitters, while, in some instances, also continuing to work full-time jobs.
Time is Running Out to Protect Americans’ Relief Payments from Debt Collectors (Harvard Law Review) | A critical piece of Congress’ coronavirus relief bill, the CARES Act, provides for direct payments to American households. Most individuals are scheduled
Consumer Protection April 7, 2020 by Pamela Foohey, Dalié Jiménez and Chris Odinet A critical piece of Congress’ coronavirus relief bill, the CARES Act, provides for direct payments to American households. Most individuals are scheduled to receive up to $1,200, married couples up to $2,400, plus an additional $500 per child.
Boy Scouts’ bankruptcy could result in compensation for more abuse survivors
Feb 24, 2020 3:08 PM EST The Boy Scouts of America has filed for bankruptcy to figure out how to fairly compensate thousands of survivors of alleged sexual abuse who accuse the Scouts of neglecting to protect them. Revelations regarding decades of the abuse of children and long-running institutional failures to stop the abuse are raising questions about the future of the Boy Scouts and what will become of its troops.
By filing for bankruptcy, the Boy Scouts may compensate more survivors of sexual abuse
(The Conversation is an independent and nonprofit source of news, analysis and commentary from academic experts.) (THE CONVERSATION) The Boy Scouts of America has filed for bankruptcy to figure out how to fairly compensate thousands of survivors of alleged sexual abuse who accuse the Scouts of neglecting to protect them.
By filing for bankruptcy, the Boy Scouts may compensate more survivors of sexual abuse
(The Conversation is an independent and nonprofit source of news, analysis and commentary from academic experts.) (THE CONVERSATION) The Boy Scouts of America has filed for bankruptcy to figure out how to fairly compensate thousands of survivors of alleged sexual abuse who accuse the Scouts of neglecting to protect them.
By filing for bankruptcy, the Boy Scouts may compensate more survivors of sexual abuse
(The Conversation is an independent and nonprofit source of news, analysis and commentary from academic experts.) (THE CONVERSATION) The Boy Scouts of America has filed for bankruptcy to figure out how to fairly compensate thousands of survivors of alleged sexual abuse who accuse the Scouts of neglecting to protect them.
By filing for bankruptcy, the Boy Scouts may compensate more survivors of sexual abuse
The Boy Scouts of America has filed for bankruptcy to figure out how to fairly compensate thousands of survivors of alleged sexual abuse who accuse the Scouts of neglecting to protect them. Revelations regarding decades of the abuse of children and long-running institutional failures to stop the abuse are raising questions about the future of the Boy Scouts and what will become of its troops.
The Boy Scouts of America Filed Chapter 11 . . . in Delaware???
posted by Pamela Foohey As you almost certainly have seen, early morning, Tuesday, February 18, the Boy Scouts of America (BSA) filed chapter 11 (Case No. 20-10343). The filing solely was motivated by the deluge of sex abuse claims filed against BSA. There currently are approximately 275 lawsuits pending in state and federal courts across the country.
Driven to Bankruptcy - New Research from the Consumer Bankruptcy Project
« How Many New Small Business Chapter 11s? | Main posted by Pamela Foohey In America, people drive — to work, to the doctor, to the grocery store, to their kids' daycare, to see their aging parents. Research shows that car ownership increases the probability of employment and number of hours worked; households without cars have lower incomes and are more likely to be in poverty. In short, cars are essential.
The American Journal of Public Health (AJPH) from the American Public Health Association (APHA) publications
Affiliation David U. Himmelstein MD, Robert M. Lawless JD, Deborah Thorne PhD, Pamela Foohey JD, and Steffie Woolhandler MD, MPH David U. Himmelstein and Steffie Woolhandler are with Hunter College, City University of New York, New York, NY, and Harvard Medical School, Boston, MA. Robert M. Lawless is with the University of Illinois College of Law, Champaign. Deborah Thorne is with the Department of Sociology & Anthropology, University of Idaho, Moscow.
How bankruptcy can help USA Gymnastics and the Boy Scouts compensate more survivors | Opinion
Tom Stewart fought to bring the sexual abuse that he endured as a Boy Scout to light. AP Photo/Ted S. Warren Pamela Foohey, Indiana University USA Gymnastics and the Boy Scouts of America sex abuse scandals have rocked communities nationwide. Revelations regarding decades of the sexual abuse of children and long-running institutional failures to stop it are raising questions about the future of both nonprofits.
How bankruptcy can help USA Gymnastics and the Boy Scouts compensate more survivors
(The Conversation is an independent and nonprofit source of news, analysis and commentary from academic experts.) (THE CONVERSATION) USA Gymnastics and the Boy Scouts of America sex abuse scandals have rocked communities nationwide. Revelations regarding decades of the sexual abuse of children and long-running institutional failures to stop it are raising questions about the future of both nonprofits.
How bankruptcy can help USA Gymnastics and the Boy Scouts compensate more survivors
USA Gymnastics and the Boy Scouts of America sex abuse scandals have rocked communities nationwide. Revelations regarding decades of the sexual abuse of children and long-running institutional failures to stop it are raising questions about the future of both nonprofits. USA Gymnastics, the sport’s governing body, employed the now-imprisoned serial abuser Larry Nassar as its team physician. It has filed for bankruptcy.
Medical Bankruptcy: Still Common Despite the Affordable Care Act
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Churches Are Still Filing Bankruptcy
Not only are religious organizations still filing under chapter 11. As in prior years, they continue to file under chapter 11 in line with fluctuations in consumer bankruptcy filings. Find a couple graphs below to show this. But first, some background. In my prior work, I analyzed all the chapter 11 cases filed by religious organizations from the beginning of 2006 through the end of 2013.
Scarcity, Money, and Undocumented Immigrants
Scarcity refers to having less than one needs -- time, money, calories when on a diet. For example, not having enough money reduces a person's cognitive capacity as much as missing one full night of sleep. When Scarcity, by Sendhil Mullainathan and Eldar Shafir, was published, Slipster Katie Porter connected its lessons about the mental tax of not having enough to adding a "cushion" to a chapter 13 plan.
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