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In an ideal world, the United States consumer bankruptcy system provides a “fresh start” to individuals who find themselves in financial distress for reasons beyond their control while also stimulating the economy by allowing debtors the ability to engage in transactions. In reality, however, overly complex laws and procedures in the Bankruptcy Code prevent this system from functioning at its full potential. Moreover, current procedural complications too often lead to significant racially disparate outcomes that disadvantage people of color.

This post was originally published on the Cardozo Journal of Equal Rights and Social Justice website on October 24, 2022. The original post can be accessed via the Archived Link button above.

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