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University of Denver

Bankruptcy Stigma: A Socio-Legal Study

Abstract

dc:description.abstract

<p>For as long as the institution of bankruptcy has existed, legal commentators have debated whether it is appropriate for debtors to experience some social stigma upon filing for personal bankruptcy--that is, whether it serves the goals of bankruptcy law for debtors to feel shame. While this issue has been extensively discussed as a theoretical matter, to date no legal commentator or scholar has examined the question as an empirical matter: do debtors in fact associate feelings of shame with filing for bankruptcy, and, if so, why (or why not)? This article, for the first time, undertakes precisely this inquiry. Specifically, the article relies on empirical methods to report findings gathered from extensive interviews with debtors themselves. What emerges is that debtors experience a wide array of feelings associated with filing for bankruptcy, from debilitating shame to no shame at all. This finding, in turn, raises serious questions about the theoretical role of shame and stigma in designing bankruptcy law and policy.</p>

Degree

thesis:*
Name thesis:degree_name
M.A.
Level thesis:degree_level
Masters Thesis
Year dc:date.available
2014

Author and committee

dc:creator, dc:contributor.*
Author dc:creator
  • Sousa, Michael D.
Contributors dc:contributor
  • M. Dores Cruz, Ph.D.
  • Lawrence Conyers
  • Markus Schneider

Subjects

dc:subject × 7

Rights

dc:rights
Statement dc:rights
  • <p>Copyright is held by the author. User is responsible for all copyright compliance.</p>
Language dc:language
en

Identifiers

dc:identifier.*
Repository record dc:identifier
https://digitalcommons.du.edu/etd/619
OAI identifier oai:identifier
oai:digitalcommons.du.edu:etd-1618

Chain of custody

source
Harvested from
University of Denver
Base URL
digitalcommons.du.edu/do/oai/
Last updated
2026-07-24
Source record
OAI-PMH GetRecord
citation

Sousa, Michael D.. Bankruptcy Stigma: A Socio-Legal Study. Masters Thesis thesis, 2014. https://digitalcommons.du.edu/etd/619