Pamela Foohey

Pamela Foohey

Professor of Law
342 Mondale Hall

Degrees

New York University, B.S.
Harvard University, J.D.

Expertise

  • Bankruptcy
  • Business Law
  • Commercial & Business Law
  • Consumer Law

Pamela Foohey will join the Law School faculty in Fall 2026. She writes and teaches in the areas of bankruptcy, commercial law, consumer finance, and business law.  Most of her work involves empirical studies of bankruptcy and related parts of the legal system. She is an elected member of the American Law Institute and a fellow of the American College of Bankruptcy and the American College of Consumer Financial Services Lawyers.

Professor Foohey is a co-investigator on the Consumer Bankruptcy Project, a long-term research project studying persons who file bankruptcy. Data from this research project serve as the basis of her co-authored book Debt’s Grip: Risk and Consumer Bankruptcy, University of California Press (Aug. 2025). Her work in business bankruptcy focuses on nonprofit entities. Data from this project are included in her forthcoming book Forgive Us Our Debts: How Black Churches Use Bankruptcy to Survive, University of Chicago Press (Sept. 2026).

Professor Foohey’s scholarship has appeared in leading law reviews, including Virginia Law Review, Southern California Law Review, Boston College Law Review, Notre Dame Law Review, and Law & Contemporary Problems. She is an author of Secured Transactions: A Systems Approach, with Lynn M. LoPucki, Elizabeth Warren, and Robert M. Lawless, a leading textbook in the field.

She has provided expert media commentary for publications such as The New York Times, Financial Times and The Washington Post, in addition to Bloomberg and National Public Radio. She is a co-organizer of the Law & Society Association’s Household Finance Collaborative Research Network, and she has served as the chair of several Association of American Law Schools sections. She previously served a three-year appointment on the editorial advisory board of the American Bankruptcy Law Journal. In 2019, the American Bankruptcy Institute named her a “40 Under 40” Emerging Leader in Insolvency Practice.

Professor Foohey received her B.S. summa cum laude from New York University’s undergraduate Stern School of Business. She received her J.D. cum laude from Harvard Law School. Following law school, she served as a judicial clerk for Judge Thomas L. Ambro of the U.S. Court of Appeals for the Third Circuit and Judge Peter J. Walsh of the U.S. Bankruptcy Court for the District of Delaware. She also worked as an associate in the Bankruptcy and Financial Restructuring Group of Dorsey & Whitney LLP in Minneapolis.

She has previously taught at the University of Georgia School of Law, Cardozo School of Law, Indiana University Maurer School of Law, and University of Illinois College of Law.

Professor Foohey is a co-contributor on the Credit Slips blog.

Books

Forgive Us Our Debts: How Black Churches Use Bankruptcy to Survive (University of Chicago Press, 2026). 
Debt's Grip: Risk and Consumer Bankruptcy (University of California Press, 2025). 
(with
Robert Lawless
and
Deborah Thorne
)
Commercial Transactions: A Systems Approach (Aspen, 8th ed. 2024) (with Lynn M. LoPucki, Elizabeth Warren, Daniel L. Keating, Ronald J. Mann, and Robert M. Lawless).  
(with
Lynn LoPucki
,
Elizabeth Warren
,
Daniel Keating
,
Ronald Mann
and
Robert Lawless
)
Secured Transactions: A Systems Approach (Aspen, 10th ed. 2023)
(with
Lynn LoPucki
,
Elizabeth Warren
and
Robert Lawless
)

Journal Articles

Anecdotes on the Data in Debt's Grip, 99 American Bankruptcy Law Journal 624 (2025)
(with
Robert Lawless
and
Deborah Thorne
)
Interdisciplinary Research Is Hard and Other Lessons From Debt's Grip, 20 Brooklyn Journal of Corporate, Financial and Commercial Law 73 (2025)
(with
Robert Lawless
and
Deborah Thorne
)
The End(s) of Bankruptcy Exceptionalism: Purdue Pharma and the Problem of Social Debt, 46 Cardozo Law Review 861 (2025)
(with
Jonathan Lipson
)
Debt on the Ground: The Scholarly Discourse of Bankruptcy and Financial Precarity, 20 Annual Review of Law & Social Science 219 (2024)
(with
Deborah Thorne
and
Robert Lawless
)
The Periphery of Bankruptcy Law: The Importance of Non-Bankruptcy Issues in Consumer Bankruptcy, 98 American Bankruptcy Law Journal 527 (2024)
Silencing Litigation Through Bankruptcy, 109 Virginia Law Review 1261 (2023)
(with
Christopher Odinet
)
Credit Scoring Duality, 85 Law and Contemporary Problems 101 (2022)
(with
Sara Sternberg Greene
)
Steering Loan Modifications Post-Pandemic, 85 Law and Contemporary Problems 201 (2022)
(with
Christopher Odinet
and
Dalié Jiménez
)
Changing the Student Loan Dischargeability Framework: How the Department of Education can Ease the Path for Borrowers in Bankruptcy, 106 Minnesota Law Review Headnotes 1 (2021)
(with
Aaron Ament
and
Daniel Zibel
)
Portraits of Bankruptcy Filers, 56 Georgia Law Review 573 (2022)
(with
Robert Lawless
and
Deborah Thorne
)
Bursting the Auto Loan Bubble in the Wake of COVID-19, 106 Iowa Law Review 2215 (2021)
Fintech's Role In Exacerbating or Reducing The Wealth Gap, 2021 University of Illinois Law Review 459 (2021)
(with
Nathalie Martin
)
Access to Consumer Bankruptcy, 34 Emory Bankruptcy Developments Journal 341 (2018)
Consumer Bankruptcy Should Be Increasingly Irrelevant--Why Isn't It?, 36 Emory Bankruptcy Developments Journal 653 (2020)
The Debt Collection Pandemic, 11 California Law Review Online 222 (2020)
(with
Dalié Jiménez
and
Christopher Odinet
)
The Folly of Credit as Pandemic Relief, 68 UCLA Law Review Discourse 126 (2020)
(with
Christopher Odinet
and
Dalié Jiménez
)
CARES Act Gimmicks: How Not to Give People Money During a Pandemic and What to Do Instead, 2020 University of Illinois Law Review Online 81 (2020)
(with
Dalié Jiménez
and
Christopher Odinet
)
Fines, Fees, and Filing Bankruptcy, 98 North Carolina Law Review 419 (2020)
Consumers’ Declining Power In The Fintech Auto Loan Market, 2020 Brooklyn Journal of Corporate, Financial, and Commercial Law 5 (2020)
Driven to Bankruptcy, 55 Wake Forest Law Review 287 (2020)
(with
Robert Lawless
and
Deborah Thorne
)
A New Deal for Debtors: Providing Procedural Justice in Consumer Bankruptcy, 60 Boston College Law Review 2297 (2019)
Graying of U.S. Bankruptcy: Fallout from Life in a Risk Society, 90 Sociological Inquiry 681 (2019)
(with
Deborah Thorne
,
Robert Lawless
and
Katharine Porter
)
Jevic's Promise: Procedural Justice in Chapter 11, 93 Washington Law Review Online 128 (2018)
Life in the Sweatbox, 94 Notre Dame Law Review 219 (2018)
(with
Robert Lawless
,
Katherine Porter
and
Deborah Thorne
)
Consumer Credit in America: Past, Present, and Future, 80 Law and Contemporary Problems 1 (2017)
(with
Jim Hawkins
,
Creola Johnson
and
Nathalie Martin
)
'No Money Down' Bankruptcy, 90 Southern California Law Review 1055 (2017)
(with
Robert Lawless
,
Katherine Porter
and
Deborah Thorne
)
Calling on the CFPB for Help: Telling Stories and Consumer Protection, 80 Law and Contemporary Problems 177 (2017)
Lender Discrimination, Black Churches, and Bankruptcy, 54 Houston Law Review 1079 (2017)
Secured Credit in Religious Institutions' Reorganizations, 2015 University of Illinois Law Review Slip Opinions 1 (2015)
When Faith Falls Short: Bankruptcy Decisions of Churches, 76 Ohio State Law Journal 1319 (2015)
When Churches Reorganize, 88 American Bankruptcy Law Journal 277 (2014)
Bankrupting the Faith, 78 Missouri Law Review 719 (2013)
Chapter 11 Reorganization and the Fair and Equitable Standard: How the Absolute Priority Rule Applies to All Nonprofit Entities , 86 St. John's Law Review 31 (2012)
Paying Women for Their Eggs for Use in Stem Cell Research, 30 Pace Law Review 900 (2010)
Child Support and (in) Ability to Pay: The Case for the Cost Shares Model, 13 UC Davis Journal of Juvenile Law & Policy 35 (2009)

Book Chapters

Debt’s Emotional Encumbrances, Research Handbook on Law and Emotion (Susan A. Bandes, Jody Lynee Madeira, Kathryn Temple and Emily Kidd White, eds., Edward Elgar, 2020)

Editorials, Commentary & Letters

How Often Do Debtors Seek to Reaffirm Auto Loans? A Report Based on Consumer Bankruptcy Project Data, 39-1 ABI Journal 46 (2020)
(with
Robert Lawless
and
Deborah Thorne
)
Medical Bankruptcy: Still Common Despite the Affordable Care Act, 109 American Journal of Public Health 431 (2019)
(with
David Himmelstein
,
Robert Lawless
,
Deborah Thorne
and
Steffie Woolhander
)
Attorneys' Fees and Chapter Choice: Exploring "No Money Down" Chapter 13 Bankruptcy, 36-6 ABI Journal 20 (2017)
(with
Robert Lawless
,
Katherine Porter
and
Deborah Thorne
)
The Chapter 15 Two-Step: Shall We Dance?, 30-5 ABI Journal 34 (2011)
(with
Eric Lopez Schnabel
)
Recent Developments in Judicial Estoppel and Dismissal of Employment Discrimination Suits, 29-2 ABI Journal 16 (2010)
ADA Employment Discrimination Claims Addressed in Rederford v. US Airways, 29-2 ABI Journal (2010)
(with
Eric Lopez Schnabel
)
In re SemCrude LP: Reigning in Triangular Setoff and Preserving Creditor Equality, 28-2 ABI Journal (2009)
Applying the Lessons of GPS Monitoring of Batterers to Sex Offenders, 43 Harvard Civil Rights - Civil Liberties Law Review 281 (2008)