Document Type
Article
Publication Date
2024
Abstract
It is increasingly difficult for people who need consumer bankruptcy relief to access it. Ironically, many of the people who most need it cannot afford it, and oftentimes they come from underserved communities. Large-scale solutions to this access to consumer bankruptcy problem have been discussed, and even proposed, but not yet implemented. While law schools cannot solve the access problem without congressional intervention, they can, at least, take steps to improve the status quo. One way law schools can address this problem is to create experiential programs focusing on consumer bankruptcy.
These types of programs offer a dual benefit. They offer a partial solution to the access problem by providing free or low-cost bankruptcy assistance to qualified members of the community on one hand, and practical learning opportunities for law students on the other. Right now, only seventeen law schools approved by the American Bar Association (the "ABA") across nine states offer consumer bankruptcy experiential opportunities to their students. There is incredible potential for growth in this area. To be more specific, there are 180 other ABA-approved law schools that do not currently have such a program.4 By creating one, these law schools can add to the experiential opportunities available to their students while simultaneously increasing their communities' access to bankruptcy relief.
Ideally, each law school in the country should offer limited bankruptcy legal services to their communities. In Part I of this Essay, I explore the role of consumer bankruptcy experiential programs in law schools. These programs offer an ideal mix of transactional and litigation experiences, which help students become more practice-ready upon graduation while giving back to their community. In Part II of this Essay, I offer to law schools my tried-and-true formula for creating consumer bankruptcy experiential programs. I have created two of these programs to date, one in Florida, and the other more recently in Georgia. These programs can be surprisingly resource-neutral and quite simple for law schools to implement. If this Essay inspires just one more law school to create their own consumer bankruptcy program, then I have accomplished my central purpose for writing it.
Recommended Citation
Kundawala, Ishaq, "Access to Justice: A Roadmap to Creating and Launching Consumer Bankruptcy Experiential Programs in Law Schools" (2024). Articles. 137.
https://digitalcommons.law.mercer.edu/fac_pubs/137