Melissa B. Jacoby

@mbjacoby.bsky.social

UNC-Chapel Hill professor; author of Unjust Debts; pieces in NYTimes, The Nation, etc. I see collateral everywhere. https://www.mbjacoby.org/unjustdebts.

My contribution to this fantastic @brooklynlawschool.bsky.social symposium is here: papers.ssrn.com/sol3/papers..... It's both too long (for the symposium) and too short (much more to say), but I think just the beginning.

Missing Strugglers: Debt's Reach, Bankruptcy's Limits, and a Proxy for Who's Left Out

Forthcoming Brooklyn Journal of Corporate, Financial & Commercial Law

18 Pages Posted: 4 Aug 2025
Dalié Jiménez

University of California, Irvine School of Law; Harvard Law School - Center on the Legal Profession

Date Written: July 31, 2025
Abstract

This essay uses Debt's Grip as a point of departure to examine how debt operates as a system of social control in the United States. While the book offers a vivid portrait of those who file for bankruptcy, it also gestures toward a broader reality: millions of financially distressed individuals who never access relief. Drawing on legal scholarship and political theory, this Essay argues that debt disciplines individuals, fragments solidarity, and undermines democratic agency. It proposes a new metric-the ratio of debt collection lawsuits to bankruptcy filings-as a proxy for unmet need, revealing a population of "missing strugglers" visible to creditors but excluded from legal protection. The analysis calls for reimagining legal and political responses to financial distress beyond the bankruptcy system.

Keywords: bankruptcy, consumer bankruptcy, debt collection, consumer debt, Debt's Grip
Dalié Jiménez@dalie.bsky.social · last yr.

Very excited to participate in this amazing symposium at @brooklynlawschool.bsky.social organized by @tjanger.bsky.social celebrating/discussing 5 forthcoming books on consumer debt and bankruptcy! check out the all star panels! Registration and full agenda here: www.brooklaw.edu/news-and-eve...

Graphic of a "wave" made up of the word DEBT overtaking a house. Text: Brooklyn Journal of Corporate, Financial & Commercial Law Annual Symposium "Debt in the Real World" - Thursday March 27 & Friday March 28

When 23andMe filed for bankruptcy in March, the fate of its vast genetic database became unclear. In today’s episode, we look at what might happen to the genetic data of 15 million 23andMe customers as the bankruptcy process unfolds.

How 23andMe's bankruptcy led to a run on the gene bank : Planet Money

Reporter Alexi Horowitz-Ghazi's Aunt Vovi signed up for 23andMe back in 2017, hoping to learn more about the genetic makeup of her ancestors. Vovi was one of over 15 million 23andMe customers who…

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