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About This Document: This article takes a fresh look at the power of courts and creditors to force debtors to repay their obligations through in personam collection techniques. In personam remedies force the debtor, under threat of the court's contempt authority, to turn over money or property directly to a creditor. Recently, the Federal Trade Commission and others have endorsed major changes to a debt collection system labeled as "broken." These reform proposals, however, have overlooked key problems in in personam proceedings, where excessive creditor leverage and insufficient protection of debtors' procedural rights risk validating a view that the judicial system is functioning as creditors' private collection arm. Following the transfer of power to a new established Bureau of Consumer Financial Protection, this article resurrects a subject that has received virtually no attention in the scholarly literature for over a decade. It analyzes the particular features of in personam proceedings and debtor behavior that contribute to a longstanding imbalance in the leverage asserted by creditors over debtors.

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Creditors' Contempt

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Creditors' Contempt

Lea Shepard

Brigham Young Univers

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