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Chapter 7 or 13: Are Client or Lawyer Interests Paramount?

Author

Listed:
  • Lefgren Lars

    (Brigham Young University)

  • McIntyre Frank L

    (Brigham Young University)

  • Miller Michelle

    (Rutgers University)

Abstract

Households often rely on professionals with specialized knowledge to make important financial decisions. In many cases, the professional's financial interests are at odds with those of the client. We explore this problem in the context of personal bankruptcy. OLS, fixed effects, and IV estimates all show that attorneys play a central role in determining whether households file under Chapter 7 or Chapter 13 of the bankruptcy code. We present evidence suggesting that some attorneys maximize profits by steering households into Chapter 13 bankruptcy even when the households' objective financial benefits are low and the probability of case dismissal is high. An attorney-induced Chapter 13 filing increases household legal fees and reduces the probability of long-term debt relief.

Suggested Citation

  • Lefgren Lars & McIntyre Frank L & Miller Michelle, 2010. "Chapter 7 or 13: Are Client or Lawyer Interests Paramount?," The B.E. Journal of Economic Analysis & Policy, De Gruyter, vol. 10(1), pages 1-46, September.
    • Handle: RePEc:bpj:bejeap:v:10:y:2010:i:1:n:82
    DOI: 10.2202/1935-1682.2512
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    References listed on IDEAS

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    Cited by:

    1. Donald D. Hackney & Daniel Friesner & Matthew Q. McPherson, 2015. "Do Debtors Have an Obvious Financial Rationale for Filing a Chapter 13 Bankruptcy Petition?," Economics Bulletin, AccessEcon, vol. 35(3), pages 1572-1588.
    2. Ingersoll, William Robert & Roomets, Alex, 2020. "Bargaining with a partially-incentivized agent," Journal of Economic Behavior & Organization, Elsevier, vol. 171(C), pages 96-115.
    3. Danisewicz, Piotr & Elard, Ilaf, 2023. "The real effects of financial technology: Marketplace lending and personal bankruptcy," Journal of Banking & Finance, Elsevier, vol. 155(C).
    4. Will Dobbie & Jae Song, 2015. "Debt Relief and Debtor Outcomes: Measuring the Effects of Consumer Bankruptcy Protection," American Economic Review, American Economic Association, vol. 105(3), pages 1272-1311, March.

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