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Does Indebtedness Influence Health? A Preliminary Inquiry

Published online by Cambridge University Press:  01 January 2021

Melissa B. Jacoby
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Extract

In recent years, consumer debt and the bankruptcy filing rate have received substantial public and media attention in the United States. That attention pales in comparison with widespread concerns and media reporting about health. Yet, both sets of discussions may be relevant to individuals and families facing a combination of health problems and financial problems. In a recent study, nearly half of the sample of individual bankruptcy filers reported they also were dealing with illness, injury, or substantial medical debt.

Whether somethmg other than coincidence explains this correlation is worthy of consideration for those who study health. For some debtors, debt problems may be health-care finance issues; income interruption or financial obligations stemming from health ailments may contribute to financial downfall?

The opposite relationship, however, not only is possible, but potentially more pervasive.

Type
Article
Information
Journal of Law, Medicine & Ethics , Volume 30 , Issue 4 , Winter 2002 , pp. 560 - 571
Copyright
Copyright © American Society of Law, Medicine and Ethics 2002

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References

Jacoby, M.B. Sullivan, T.A., and Warren, E., “Rethinking the Debates Over Health Care Financing: Evidence From the Bankruptcy Courts,” New York University Law Review, 76 (2001): 375–418.Google Scholar
See, e.g., id.Google Scholar
See, e.g., Federal Reserve Board, Federal Reserve Statistical Release G.19, Consumer Credit October 2001 (released December 7, 2001), available at <http://www.federalreserve.gov/releases/g19/20011207/>..>Google Scholar
The Nilson Report, 752 (Oxnard, California: HSN Consultants, Inc., November 2001): 1–10 (reporting percentage increases in purchase volume on bank cards in 2000 as compared to 1990); “Fears Over Consumer Debt Increase,” BBC News (September 13, 2001) (reporting on Wales).Google Scholar
Sullivan, T.A. Warren, E., and Westbrook, J.L., The Fragile Middle Class: Americans in Debt, 28 (New Haven: Yale, 2000) (citing Hodge, R.W. and Treiman, D.J., “Class Identification in the United States,” American Journal of Sociology, 73 (March 1968): at 535,537); Manning, R.D., Credit Card Nation; The Consequences of America’s Addiction to Credit (New York: Basic Books, 2000); Schor, J.B., The Overspent American; Upscaling, Downshifting, and the New Consumer (New York: Basic Books, 1998).Google Scholar
See generally Jacoby, M.B., “Collecting Debts from the Ill and Injured; The Rhetorical Significance, but Practical Irrelevance, of Culpability and Ability to Pay,” American University Law Review, 51 (2001): 229–71.Google Scholar
Lovallo, W.R., Stress & Health; Biological and Psychological Interactions (Thousand Oaks, California: Sage Publications, 1997): at xii.Google Scholar
Kasl, S.V., “Stress and Health Among the Elderly: Overview of Issues,” in Kykle, M.L. Kahana, E., and Kowal, J., eds., Stress & Health Among the Elderly (New York: Spring Publishing Co., 1992): 5–34.Google Scholar
O’Leary, A. Brown, S., and Suarez-Al-Adam, M., “Stress and Immune Function,” in Miller, T.W., ed., Clinical Disorders and Stressful Life Events (Madison, Connecticut: International Universities Press, 1997): at 181; Gatz, M., “Stress, Control, and Psychological Interventions,” in Kykle, Kahana, , and Kowal, , eds., supra note 8, at 209–22, at 209–11; Ames, S.C. et al., “A Prospective Study of the Impact of Stress on the Quality of Life: An Investigation of Low Income Individuals with Hypertension,” Annals of Behavioral Medicine, 23, no. 2 (Spring 2001): 112–19.Google Scholar
See, e.g., Blumenthal, J.A. et al., “Usefulness of Psychosocial Treatment of Mental Stress-Induced Myocardial Ischemia in Men,” American Journal of Cardiology, 89 (January 15, 2002):164–68, at 167.CrossRefGoogle Scholar
Ryan, M., Social Work and Debt Problems (Aldershot, England: Avebury, 1996): at 36. See also Medoff, J. and Harless, A., The Indebted Society; Anatomy of an Ongoing Disaster (New York: Little Brown & Co., 1996): at 157.Google Scholar
Daly, H.F. III et al., “Into the Red to Stay in the Pink: The Hidden Cost of Being Uninsured,” Health Matrix, 12 (2002): 39–61, at 41–43.Google Scholar
Caplovitz, D., Consumers in Trouble; A Study of Debtors in Default (New York: The Free Press, 1974): at 8.Google Scholar
Id. at 282–83.Google Scholar
Id. at 288.Google Scholar
Id.Google Scholar
Parker, G., Getting and Spending; Credit and Debt in Britain (Aldershot, England: Avebury, 1990): at 43–45.Google Scholar
Id. at 171–72.Google Scholar
Id. at 173.Google Scholar
Drentea, P. and Lavrakas, P.J., “Over the Limit: The Association Among Health, Race and Debt,” Social Science & Medicine, 50 (2000): 517–29, at 518.CrossRefGoogle Scholar
Id. at 518.Google Scholar
Id. at 519.Google Scholar
Id. at 527.Google Scholar
Havlik, R.J. Vukasin, A.P., and Ariyan, S., “The Impact of Stress on the Clinical Presentation of Melanoma,” Plastic and Reconstructive Surgery, 90, no. 1 (1992): 57–61.CrossRefGoogle Scholar
Id. at 59–60.Google Scholar
Genco, R.J. et al., “Relationship of Stress, Disease, and Inadequate Coping Behaviors to Periodontal Disease,” Journal of Periodontology, 70, no. 7 (1999): 711–23.CrossRefGoogle Scholar
Id. at 715–17.Google Scholar
Id. at 711–12.Google Scholar
Durkheim, E., Suicide: A Study in Sociology (New York: Free Press, 1966) (originally published in 1887).Google Scholar
Fuyono, I., “Japan: Suicide; A Silent Epidemic,” Far Eastern Economic Review, September 28, 2000; Wire, U.N., “Suicide: Japan Rate Falls; Economy Still Cited for Many Deaths,” August 10, 2001; Bremmer, B., “A Japanese Way of Death; The Country’s Attitudes Toward Suicide — Now at Epidemic Levels — Illustrate the Limits of a Common Global Culture,” Business Week Online, August 22, 2000; Kamimura, M., “As Japan’s Economy Stumbles, Suicides Near Record Levels,” CNN.com (September 13, 1998), available at <http://www.cnn.com/World/asiapcf/9809/13/japan.suicides/>..>Google Scholar
Dudley, K.M., Debt and Dispossession: Farm Loss in America’s Heartland (Chicago, Illinois: University of Chicago Press, 2000): at 103, 129; Jackman, T., “In Herndon, Smoldering Nuclear Family Explodes; Tormented Father Could See No Way Out,” Washington Post, November 19, 2001, at CI (documenting instance of financial-stress-related familicide outside of farming context).Google Scholar
Weyerer, S. and Wiedenmann, A., “Economic Factors and the Rates of Suicide in Germany Between 1881 and 1989,” Psychological Reports, 76, no. 3, part 2 (June 1995): 1331–41.CrossRefGoogle Scholar
Id. at 1331.Google Scholar
Id. at 1331, 1338.Google Scholar
Id. at 1339.Google Scholar
Jacoby, Sullivan, , and Warren, , supra note 1, at 376–77; Jacoby, M.B. Sullivan, T.A., and Warren, E., “Medical Problems and Bankruptcy Filings,” Norton Bankruptcy Law Adviser, 5 (May 2000): 1–12.Google Scholar
Id. at 387.Google Scholar
Id.Google Scholar
Id. at 390.Google Scholar
See generally id. at 379, table 1.Google Scholar
Sullivan, Warren, , and Westbrook, , supra note 5, at 269.Google Scholar
For text of the 1999 questionnaire, see Jacoby, Sullivan, Warren, , supra note 36, at 416–18. For the text of the 1991 questionnaire and information on how it was coded, see Sullivan, Warren, , and Westbrook, , supra note 5, at 270–72, form 1.1.Google Scholar
Sullivan, Warren, , and Westbrook, , supra note 5.Google Scholar
Stanley, D.T. and Girth, M., Bankruptcy: Problems, Process, Reform (Washington, D.C.: Brookings Press, 1971): at 48.Google Scholar
Flynn, E. and Bermant, G., “The Class of 2000,” American Bankruptcy Institute Journal, October 2001. See also Daly, et al., supra note 12 (providing additional new data on medical debt in bankruptcy and other financial fallout from medical problems); Shuchman, P., “The Average Bankrupt: A Description and Analysis of 753 Personal Bankruptcy Filings in Nine States,” Commercial Law Journal,88 (1983): 288–307; Shuchman, P., “New Jersey Debtors 1982–1983: An Empirical Study,” Seton Hall Law Review, 15 (1985): 541–92 (finding, in single district and nine-state studies in the late 70s and early 80s, that about half the debtors had medical debts).Google Scholar
Domowitz, I. and Sartain, R.L., “Determinants of the Consumer Bankruptcy Decision,” Journal of Finance, 54 (1999): 403–20, at 413. See also SMR Research Corp., The Personal Bankruptcy Crisis, 1997: Demographics, Causes, Implications & Solutions (1997): 94–95 (citing medical debt as a “central problem in bankruptcy” based on comparison of bankruptcy filing rates and health insurance coverage rates at the state level).CrossRefGoogle Scholar
See, e.g., Fay, S. Hurst, E., and White, M., “The Bankruptcy Decision: Does Stigma Matter?,” University of Michigan Department of Economics Working Paper 98–01 (Jan. 1998), available at <http://www.econ.lsa.umich.edu/wpweb/fhw.pdf>..>Google Scholar
In a commentary on various studies, Jones and Zywicki maintain that “no correlation has been shown between such problems, admittedly a factor in some core level of bankruptcies, and the recent explosive growth of filings.” Jones, E.H. and Zywicki, T.J., “It’s Time for Means Testing,” Brigham Young Law Review, 1999 (1999): 177–248, at 244 n.274 (citing newspaper articles to show stability of health-care costs during period of increasing bankruptcy filings).Google Scholar
Manning, R.D., Credit Card Nation; The Consequences of America’s Addiction to Credit (New York: Basic Books, 2000): at 4; Sullivan, Warren, , and Westbrook, , supra note 5, at 137.Google Scholar
Burris, S., “Introduction: Merging Law, Human Rights, and Social Epidemiology,” Journal of Law, Medicine & Ethics, 30, no. 4 (2002): 498–509, at 501.CrossRefGoogle Scholar
Burris, S. Kawachi, I., and Sarat, A., “Integrating Law and Social Epidemiology,” Journal of Law, Medicine & Ethics, 30, no. 4 (2002): 510–21.CrossRefGoogle Scholar
Woodward, W.J. Jr., “Clearing the Underbrush for Real Life Contracting,” Law & Social Inquiry, 24 (1999): 99–141, at 116. Occasionally, a contract is invalidated or altered by a court due to unconscionability or a related doctrine. Uniform Commercial Code § 2–302 (2001); Jones v. Star Credit Corp., 298 N.Y.S.2d 264 (N.Y. Sup. Ct. 1969). That, however, is not a routine occurrence. See, e.g., Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585 (1991); Caspi v. Microsoft Network, 732 A.2d 528 (N.J. Super. Ct. App. Div. 1999).CrossRefGoogle Scholar
Board of Governors, Federal Reserve, The Profitability of Credit Card Operations of Depository Institutions, An Annual Report by the Board of Governors of the Federal Reserve System, submitted to the Congress pursuant to Section 8 of the Fair Credit and Charge Card Disclosure Act of 1988 (June 2001): 1–9, at 5 (citing The Nilson Report, April 2001, and BAI Global, Inc. press release, March 2001 (reporting 3.54 billion direct mail solicitations in 2000 and 452.9 million VISA and MasterCards already in circulation in 2000, excluding debit cards)), available at <http://www.federalreserve.gov/boarddocs/rptcongress/creditcard/2001/ccprofit.pdf>. The Federal Reserve also reports that the response rate to these solicitations is 0.6 percent..+The+Federal+Reserve+also+reports+that+the+response+rate+to+these+solicitations+is+0.6+percent.>Google Scholar
General Accounting Office, Live Loan Checks: Information on Unsolicited Consumer Loans for Preapproved Borrowers, GGD-98-176 (August 14, 1998); National Bankruptcy Review Commission, Bankruptcy: The Next Twenty Years (1997): at 190; In re Tamecki, 229 F.3d 205, 209 (3d Cir. 2000) (Rendell, J., dissenting); In re Leonard, 158 B.R. 839 (Bankr. D. Colo. 1993).Google Scholar
See, e.g., Board of Governors, Federal Reserve, supra note 53, at 6; Kennedy, M.W., “Don’t Let Your Client Be Labeled a Predatory Lender,” Illinois Bar Journal, 89 (2001): 595–97, at 595.Google Scholar
Jackson, T.H., The Logic and Limits of Bankruptcy Law (Cambridge: Harvard University Press, 1986); Aaron, H.J., ed., Behavioral Dimensions of Retirement Economics (Washington, D.C.: Brookings Press, 1999); Ausubel, L.M., “Credit Card Defaults, Credit Card Profits, and Bankruptcy,” American Bankruptcy Law Journal, 71 (1997): 249–70. But see Zywicki, T.J., “The Economics of Credit Cards,” Chapman Law Review, 3 (2000): 79–172, 127 (questioning support for underestimation or irrationality).Google Scholar
See, e.g., 15 U.S.C. §§ 1601 et seq. (Truth in Lending Act) (2000). See generally Braucher, J., “Rent-Seeking and Risk-Fixing in the New Statutory Law of Electronic Commerce: Difficulties in Moving Consumer Protection Online,” Wisconsin Law Review, 2001 (2001): 527–64, at 527, 528.Google Scholar
See, e.g., Eggert, K., “Held Up in Due Course: Predatory Lending, Securitization, and the Holder in Due Course Doctrine,” Creighton Law Review, 35 (2002): 503–640, at 503, 520; Eskridge, W.N. Jr., “One Hundred Years of Ineptitude: The Need for Mortgage Rules Consonant with the Economic and Psychological Dynamics of the Home Sale and Loan Transaction,” Virginia Law Review, 70 (1984): 1083–1217, at 1083, 1133.Google Scholar
See, e.g., Havard, C.J., “Invisible Markets Netting Visible Results: When Sub-Prime Lending Becomes Predatory,” Oklahoma City University Law Review, 26 (2001): 1057–80, at 1057, 1072 n.37; 15 U.S.C. § 1637 (disclosures required for open end credit plans) (2000).Google Scholar
Marquette National Bank of Minneapolis v. First of Omaha Service Corp., 439 U.S. 299 (1978). See generally Zywicki, , supra note 56, at 146.Google Scholar
White, J.J., “The Usury Trompe L’oeil,” South Carolina Law Review, 51 (2000): 445–66, at 445.Google Scholar
For example, the Home Ownership and Equity Protection Act amended the Truth in Lending Act to curb so-called predatory lending practices in part by restricting the use of short-term balloon loans. See, e.g., 15 U.S.C. § 1602aa (2000). A few states have enacted predatory lending laws and others have considered it. Kennedy, , supra note 55.Google Scholar
See, e.g., Posner, E.A., “The Political Economy of the Bankruptcy Reform Act of 1978,” Michigan Law Review, 96 (1997): 47–126, at 52.CrossRefGoogle Scholar
See, e.g., Bender, S.W., “Rate Regulation at the Crossroads of Usury and Unconscionability: The Case for Regulating Abusive Commercial and Consumer Interest Rates Under the Unconscionability Doctrine,” Houston Law Review, 31 (1994): 721–811, at 723; White, , supra note 61, at 449, 460.Google Scholar
11 U.S.C. § 523(a)(1) (2000); 11 U.S.C. § 523(a)(8) (2000).Google Scholar
Schor, J.B., The Overworked American; The Unexpected Decline of Leisure (New York: Basic Books, 1992): at 107–38.Google Scholar
See sources cited supra note 49.Google Scholar
See, e.g., Ali, P.A.U., The Law of Secured Finance; An International Survey of Security Interests over Personal Property (Oxford: University Press, 2002): at 1.Google Scholar
Uniform Commercial Code §§ 9–609, 9–610 (2001).Google Scholar
Id.Google Scholar
See, e.g., General Accounting Office, Debt Collection Improvement Act of 1996; Department of Agriculture Faces Challenges Implementing Certain Key Provisions (December 5, 2001): 1–14, at 3 (statement of G.T. Engel); 31 U.S.C. § 37203 (2000).Google Scholar
E.g., Duca, J.N., “The Interaction Between Mechanics’s Lien Law and the Bankruptcy Code,” Business Lawyer, 3 (1998): 1283–313, at 1283.Google Scholar
See generally LoPucki, L.M., “The Death of Liability,” Yale Law Journal, 106 (1998): 1–78, at 1, 8–10.CrossRefGoogle Scholar
See generally Martaus, C.M., “Garnishment of Employee Wages in Ohio: Whose Money Is It Anyway?,” Ohio Northern University Law Review, 18 (1991): 197–216. But see Consumer Credit Protection Act, 15 U.S.C. § 1671 (limiting wage garnishment) (2000).Google Scholar
LoPucki, , supra note 73, at 10–11.Google Scholar
See, e.g., Conn. Gen. Stat. Ann. § 52–352b(f) (West 2002) (providing exemption for health aids necessary for the exemptioner to work or to sustain health).Google Scholar
National Bankruptcy Review Commission, supra note 54, at 122.Google Scholar
One exception is the Illinois exemption for an individual’s right of publicity, which also precludes security interests being taken in this asset. 765 Ill. Comp. Stat. § 1075/15 (2001). See generally Jacoby, M.B. and Zimmerman, D.L., “Foreclosing on Fame: Exploring the Uncharted Boundaries of the Right of Publicity,” New York University Law Review, 77 (2002, forthcoming).Google Scholar
Whitford, W., “A Critique of the Consumer Credit Collection System,” Wisconsin Law Review, 1979 (1979): 1047–143, at 1055; Sullivan, T.A. Warren, E., and Westbrook, J.L., As We Forgive Our Debtors: Bankruptcy and Consumer Credit in America (New York: Oxford, 1989): at 305.Google Scholar
See, e.g., Whitford, , supra note 79, at 1055.Google Scholar
15 U.S.C. §§ 1692 et seq. (2000).Google Scholar
See 15 U.S.C. § 1692a(6) (2000).CrossRefGoogle Scholar
One exception is the currently pending H.R. 333 § 201 107th Cong. (2001) (empowering court to limit claims against debtor’s bankruptcy estate if creditor unreasonably refused to engage in workout activities prior to bankruptcy).Google Scholar
Colloquium, “Panel Discussion: Consumer Bankruptcy,” Fordham Law Review, 67 (1999): 1315–68, at 1315, 1341–43 (comments of Prof. Karen Gross describing her experiences to do small-dollar workouts at Legal Aid).Google Scholar
Memorandum from Elizabeth Warren to Melissa Jacoby with attached indexed comments (on file with author): at TX-160.Google Scholar
Id. at TX-28.Google Scholar
11 U.S.C. § 362, 524(a) (2000).Google Scholar
Skeel, D.A., Debt’s Dominion: A History of Bankruptcy Law in America (Princeton: Princeton University Press, 2001): at 193.CrossRefGoogle Scholar
Whitford, W.C., “The Ideal of Individualized Justice: Consumer Bankruptcy as Consumer Protection, and Consumer Protection in Consumer Bankruptcy,” American Bankruptcy Law Journal, 68 (1994): 397–417, at 397, 401.Google Scholar
Culhane, M.B. and White, M.M., “Debt After Discharge, An Empirical Study of Reaffirmation,” American Bankruptcy Law Journal, 73 (1999): 709–74, at 709, 713; Gross, K., “Perceptions and Misperceptions of Reaffirmation Agreements,” Commercial Law Journal, 102 (1997): 339–52.Google Scholar
Whitford, , supra note 89, at 402.Google Scholar
Culhane, and White, , supra note 90; 11 U.S.C. § 524(c) (2000).Google Scholar
11 U.S.C. § 523(a) (2000); National Bankruptcy Review Commission, supra note 54, at 180.Google Scholar
Jacoby, , supra note 6, at 260.Google Scholar
H.R. 333, 107th Cong. (2001).Google Scholar
Jacoby, , supra note 6, at 232, 250–51.Google Scholar
Personal Bankruptcy Consumer Credit Crises: Hearings Before the Subcomm. on Admin. Oversight and the Courts of the Senate Comm. on the Judiciary, 105th Cong., 1st Sess. (April 11, 1997) (statement of Sen. Charles Grassley, Chairman), 1997 WL 182505 (F.D.C.H.); 145 Cong. Rec. S13930–01 (daily ed. November 4, 1999) (statement of Sen. Charles Grassley); Press Release, Rep. George Gekas (February 3, 1998); 144 Cong. Rec. E88 (daily ed. February 4, 1998) (statement of Rep. George Gekas); Schlesinger, J.M., “House Approves Bankruptcy Overhaul Amid Criticism Bill May Be Too Tough,” Wall Street Journal, May 6, 1999, at A28.Google Scholar
See Press Release, Grassley Continues Effort to Overhaul Bankruptcy System (January 31, 2001), available at <http://www.senate.gov/∼grassley/releases/2001/p01r1-31.htm>. See generally Skeel, , supra note 88, at 205, 208; Tabb, C.J., “The Death of Consumer Bankruptcy in the United States,” Bankruptcy Developments Journal, 18 (2001): 1–49.Google Scholar
Passaro, V., “Who’ll Stop the Drain: Reflections on the Art of Going Broke,” Harper’s Magazine, August 1998, at 35–42, at 36.Google Scholar
LoPucki, , supra note 73, at 12; Jacoby, , supra note 6, at 240 n.39, n.40.Google Scholar
See, e.g., Brody, E., “Paying Back Your Country Through Income-Contingent Student Loans,” San Diego Law Review, 31 (1994): 449–518.Google Scholar
1 Mertens Law of Federal Income Taxation §5:18 (Supp. November 2001).Google Scholar
Shaviro, D.N., “Does More Sophisticated Mean Better? A Critique of Alternative Approaches to Sourcing the Interest Expense of U.S. Multinationals,” Tax Law Review, 54 (2001): 353–420, at 395; Domenici, P.V., “The Unamerican Spirit of the Federal Income Tax,” Harvard Journal on Legislation, 31 (1994): 273–313, at 310–311.Google Scholar
26 U.S.C. § 163 (1994) (interest deductions). See also 26 U.S.C. § 162 (2000) (trade or business expense deductions).Google Scholar
Forrester, J.P., “Mortgaging the American Dream: A Critical Reevaluation of the Federal Government’s Promotion of Home Equity Financing,” Tulane Law Review, 69 (1994): 373–456, at 374 n.1 (citing presidential statements advocating home ownership and advocating elimination of federal promotion of home equity financing).Google Scholar
Rev. Rul., 92–80, 1992 WL 224893 (September 22, 1992); Hymel, M.L., “Consumerism, Advertising, and the Role of Tax Policy,” Virginia Tax Review, 20 (2000): 347–466, at 347–348, 352.Google Scholar
Hymel, , supra note 106, at 355.Google Scholar
Schor, , supra note 5; Hymel, , supra note 106.Google Scholar
Grossman, M.R. and Meyer, K.G., “Agricultural Credit Institutions, Operations, and Guarantees in the United States,” American Journal of Comparative Law, 46 (1998): 275–315, at 315; Carpenter, S., “Farm Service Agency Credit Programs and USD A National Appeals Division,” Drake Journal of Agricultural Law, 3 (1998): 35–62; Landis, M.L., “Let Me Next Time Be Tried by Fire: Disaster Relief and the Origins of the American Welfare State 1789–1874,” Northwestern University Law Review, 92 (1998): 967–1034, at 974 n.40. See generally Manning, supra note 5, at 164–66.CrossRefGoogle Scholar
Roots, R., “The Student Loan Debt Crisis; A Lesson in Unintended Consequences,” Southwestern University Law Review, 29 (2001): 501–27; Ryman, A., “Contract Obligation: A Discussion of Morality, Bankruptcy, and Student Debt,” Drake Law Review, 42 (1993): 205–24, at 217–23; Schrag, P.G., “The Federal Income-Contingent Repayment Option for Law Student Loans,” Hofstra Law Review, 29 (2001): 733–862, at 736.Google Scholar
E.g., Roots, , supra note 110.Google Scholar
Medoff, and Harless, , supra note 11, at 199.Google Scholar
145 Cong. Rec. H2655–02 (May 5, 1999) (statement of Rep. Henry Hyde) (“Lastly, let me pay my respects to the creditor lobby. They are awesome.”); Hyde, H.J., “Why Squeeze Every Last Penny from the Bankrupt?,” The New York Times, May 18, 1999, at A23.Google Scholar
The Bankruptcy Code precludes government units and private employers from discriminating in certain respects against bankruptcy filers “solely” on the basis of insolvency or a bankruptcy filing. 11 U.S.C. § 525 (2000).Google Scholar
See sources cited supra note 97.Google Scholar
Hymel, , supra note 106, at 366–67.Google Scholar
E.g., Taylor, C.J., “Know When to Say When: An Examination of the Tax Deduction for Alcohol Advertising that Targets Minorities,” Law & Social Inequality, 12 (1994): 573–612, at 575–76.Google Scholar
See Jacoby, , supra note 6.Google Scholar
See, e.g., Hitt, Greg, “Bankruptcy-Overhaul Nears Passage — Stringency, Not Forgiveness, Distinguishes Measure Backed by Financial-Services Industry,” Wall Street Journal, May 8, 2002, at A4; Posner, , supra note 63, at 58–61; Skeel, , supra note 88, at 14–15; Jacoby, , supra note 6.Google Scholar
See, e.g., Gostin, L.O., “Public Health Law in a New Century; Part II: Public Health Power and Limits,” JAMA, 283, no. 22 (June 14, 2000): 2979–84, at 2982–83.CrossRefGoogle Scholar