About Us

More than forty highly experienced members of the local consumer bankruptcy bar serve as panel attorneys for ABC, and agree to handle ABC cases for a substantially reduced rate, which is paid by ABC.  The individual receives high-quality bankruptcy representation, free of charge, and the case generally moves through the bankruptcy court process without unnecessary issues or delays.

ABC also has an educational component. It collaborates with the Wayne State University Law School to pair law students who are interested in bankruptcy law with the ABC panel attorneys and the individual applicants.  Students who participate in the student program get valuable experience assisting panel attorneys with, among other things, initial consultation with applicants, preparation of filings and attendance at creditors’ examinations.  Panel attorneys who participate in the student program get the opportunity to mentor eager law students and share their knowledge of bankruptcy practice.

ABC has produced very good results over the past decade.  In the last three years alone, the organization has referred approximately 650 applicants to panel attorneys.  The discharge rate in those cases that are filed is over 90%.  Unique to our district, ABC has become a model for other districts in the federal judicial system who are struggling to address the problem of pro se consumer debtors in bankruptcy.

Our History

The Pro Se Bankruptcy Assistance Project, which does business as Access to Bankruptcy Court, was founded in 2010 by the recently retired Hon. Marci B. McIvor (Bankr. E.D. Mich.) and leaders of the local bankruptcy bar.

It is an unfortunate reality that many of the individuals in our community who are most in need of a fresh start under the country’s bankruptcy laws are unable to afford such relief.  Because the filing of a chapter 7 bankruptcy case generally requires an individual to pay certain legal fees and costs up front, low-income debtors will frequently have no choice but to file their bankruptcy case pro se.  In the Eastern District of Michigan alone, nearly 1,500 chapter 7 bankruptcy cases are filed pro se each year.

The bankruptcy process is not an easy one to navigate and the consequences of a debtor failing to follow procedures or meet deadlines can be serious.  Among other problems, pro se debtors are far less likely to successfully obtain a discharge of their debts.  In addition, pro se debtors struggling to prosecute their own cases create significant challenges for the court, trustees tasked with administering such cases and other parties in interest.

After her appointment to the bench in 2003, Judge McIvor became very concerned about the number of pro se debtors appearing in her courtroom.  This concern increased with certain amendments to the Bankruptcy Code that were passed in 2005, which made navigating chapter 7 substantially more difficult and expensive.  Making matters worse, most of the local legal services organizations were unable or unwilling to take on bankruptcy cases.

In an effort to address this problem, Judge McIvor organized a group of leaders in the local bankruptcy community to create ABC.  “We were concerned about the number of debtors who were unable to afford legal representation,” stated Judge McIvor.  “It is an access to justice issue.  Individuals who have money can afford a lawyer and can take advantage of the protections provided by the Bankruptcy Code whereas those who cannot afford a lawyer, frequently cannot.  It felt like we as a legal community could do better by such individuals.”

Over a decade later, Access to Bankruptcy Court has helped hundreds of individuals obtain a badly needed fresh start from their financial problems so that they can live successful lives and make positive contributions in their communities.