P2P

Fall21

Peer to Peer: ILTA's Quarterly Magazine

Issue link: https://epubs.iltanet.org/i/1415201

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50 P E E R T O P E E R : I L T A ' S Q U A R T E R L Y M A G A Z I N E | F A L L 2 0 2 1 such as unfamiliarity with legal procedures or missed deadlines. Fundamentally, it is a resource to help prevent defendants who are charged with minor offenses from being convicted and labeled as criminals. There's a clear connection between the participation of large technology developers and the pace of progress in building facts and creating digital tools that can actively solve grassroots issues. A vital element, Draughn says, is not just creating useful technology, but making sure that innovations also factor in the digital divide by offering print versions of relevant materials to individuals who lack convenient access to computers and smart phones. "Technology developers need to ensure that the applications and materials they create are not biased in how they serve others," he observes. Draughn is enthusiastic about the growing involvement of larger technology companies on these projects. "It opens opportunities for worldwide collaboration. Working with a global company gives you access to other individuals and different perspectives and being able to leverage very large databases allows you to progress projects far more rapidly." Consumer bankruptcy toolkit/filing checklists Various studies indicate that people of color struggling with debt are far less likely than their white peers to gain lasting relief from bankruptcy. Under federal bankruptcy law, people overwhelmed by debt have a choice of filing under Chapter 7 or Chapter 13. Chapter 7 wipes out debts and allows filers to keep property not secured under bankruptcy exemptions. Under Chapter 13, five years of payments to creditors are required before any debts are eliminated, but foreclosures and car repossessions are also blocked so long as debtors can keep up with their repayment plan. In most of the country, Chapter 7 is the overwhelming choice but there's a history of African American clients being directed toward Chapter 13, which doesn't protect debtors if payments are not made. The problem with Chapter 13 is that once the bankruptcy period has ended, the debt floods back larger than ever. Filers of Chapter 13 must bear the costs and conditions of bankruptcy including a seven-year flag on their credit reports, but instead of being able to eliminate debt they end up with more. Studies focused on racial disparities in the consumer bankruptcy system have found that African Americans make up a higher percentage of debtors across the bankruptcy system compared with the total population. Emony Robertson of Howard University School of Law, also a 2021 AAN/LNROLF Fellow, is working to determine the feasibility of a new consumer bankruptcy toolkit for practitioners, judges and academicians that would help them improve outcomes for African Americans through conscious practice. Robertson is reaching out to consumer bankruptcy practitioners to understand their current advisements and discover whether new or updated tools will be helpful in avoiding bias. "While you can't identify race by examining data from bankruptcy procedures, some of the information on file makes assumptions based specifically on race," she says. "It's difficult for practitioners to acknowledge bias and the need for change, but there are small ways in which they can be encouraged to change via adjustments to the tools they use. It's important for tools to be built from an approach of equity. This project may result in reframing or recrafting some database tools, although it's too early in the process to be precise about the outcome." One goal, multi-faceted approaches There is no single path to achieving the goal of eliminating racism in the legal system but by taking a multi-faceted F E A T U R E S

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