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Personal Insolvency in the 21st Century

Personal Insolvency in the 21st Century

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509932177
  • 出版时间 September 2019
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥406.88

¥394.67 Save ¥12.20 (3%)

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    Since 1979 the world has witnessed a remarkable cycle of individual bankruptcy law reform. Changes in capitalist economies, financial crises and political interest groups all contributed to this cycle of reform. Differences exist between European systems in terms of access criteria, institutional frameworks, financing and discharge conditions.

    What explains these differences within Europe and those between Europe and the US? This book draws on insights from historical institutionalism to illustrate the role of timing, path dependency and unintended consequences in the development of individual bankruptcy law.

    The book presents case studies of individual bankruptcy law in the US, France, Sweden and England and Wales. It analyses how, following the Great Recession of 2008, international financial institutions identified the significance of household debt and individual bankruptcy for financial architecture.

    The EU imposed individual bankruptcy reform on certain Member States, and proposed bankruptcy harmonisation to promote individual entrepreneurialism. The book examines the likelihood of greater convergence on an EU individual bankruptcy paradigm, and how this fits conceptions of neo-liberalism and the social market.

    Finally, the book discusses whether the international emergence of individual bankruptcy law represents a progressive step or a band-aid for the costs of neo-liberal policies, where a significant number of people live close to the precipice of over-indebtedness.

  • 1. The Rise of Personal Insolvency Law
    I. Introduction
    II. Explanations for Stability and Change in Personal Insolvency Law
    III. Household Debt, Neo-liberalism, and Personal Insolvency Law
    IV. Summary

    2. US Exceptionalism?
    I. Introduction
    II. The Challenge of the Wage Earner Debtor: The 1930s
    III. The Wage Earner as Consumer Debtor: 1950s–1978
    IV. Layering and Changing the Narrative: 1978–97
    V. BAPCPA 2005-the Great Recession and the Future
    VI. The Role of the State in US Bankruptcy Law
    VII. Discussion

    3. Drift, Conversion, and Layering: England and Wales
    I. Introduction
    II. The Players in English Personal Insolvency Reform
    III. Drifting-the Sad Life of the English Administration Order
    IV. Conversion: The Individual Voluntary Arrangement
    V. Framing the Policy Response After the Enterprise Act: Borrowing Binges
    VI. Relief for the Deserving Poor: The Debt Relief Order
    VII. The Great Recession and Personal Insolvency Law
    VIII. Discussion

    4. France: Contingency, the Role of Narratives, and the New Droit Social
    I. Introduction
    II. Over-indebtedness Regulation in Context
    III. The Development of the Over-indebtedness Regime
    IV. Legitimating Narratives: From Active to Passive Debtor to...?
    V. The Changing Institutional Landscape: Commissions, Courts, and the Law in Action
    VI. Discussion

    5. Sweden: The Quality of Mercy is Strained
    I. Introduction
    II. Swedish Regulation of the Consumer Credit Market
    III. The Development of the Swedish Debt Restructuring System
    IV. Who Accesses the Swedish Debt Restructuring System?
    V. Debt Counselling and the 'Enabling Welfare State'
    VI. The Five-Year Plan
    VII. Protection Against Home Eviction and Mortgage Foreclosure
    VIII. Discussion

    6. After the Crisis: Towards an International 'Common Sense' in Personal Insolvency Law?
    I. Introduction
    II. International Initiatives: After the Great Recession
    III. European Union Consumer Credit Policy and Personal Insolvency
    IV. EU Personal Insolvency Policy after the Crisis
    V. EU Narratives
    VI. Bankruptcy Tourism, Regulatory Competition, and Regulatory Learning
    VII. Towards a European Paradigm?
    VIII. Conclusion

    7. Conclusion: The Future of Personal Insolvency in the Twenty-First Century
    I. Influential Interest Groups
    II. Contemporary Narratives of Personal Insolvency
    III. Technocracy and Democracy in Personal Insolvency Reform
    IV. The Limits of Individual Insolvency?

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