Download or read book Debt s Dominion written by David A. Skeel Jr. and published by Princeton University Press. This book was released on 2014-04-24 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bankruptcy in America, in stark contrast to its status in most other countries, typically signifies not a debtor's last gasp but an opportunity to catch one's breath and recoup. Why has the nation's legal system evolved to allow both corporate and individual debtors greater control over their fate than imaginable elsewhere? Masterfully probing the political dynamics behind this question, David Skeel here provides the first complete account of the remarkable journey American bankruptcy law has taken from its beginnings in 1800, when Congress lifted the country's first bankruptcy code right out of English law, to the present day. Skeel shows that the confluence of three forces that emerged over many years--an organized creditor lobby, pro-debtor ideological currents, and an increasingly powerful bankruptcy bar--explains the distinctive contours of American bankruptcy law. Their interplay, he argues in clear, inviting prose, has seen efforts to legislate bankruptcy become a compelling battle royale between bankers and lawyers--one in which the bankers recently seem to have gained the upper hand. Skeel demonstrates, for example, that a fiercely divided bankruptcy commission and the 1994 Republican takeover of Congress have yielded the recent, ideologically charged battles over consumer bankruptcy. The uniqueness of American bankruptcy has often been noted, but it has never been explained. As different as twenty-first century America is from the horse-and-buggy era origins of our bankruptcy laws, Skeel shows that the same political factors continue to shape our unique response to financial distress.

Download or read book Debt s Dominion written by David A. Skeel and published by Princeton University Press. This book was released on 2003-11-30 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bankruptcy in America, in contrast to most other countries, signifies a chance for debtors to stop and recover. This text probes the political dynamics behind this system and provides an account of the journey American bankruptcy law has taken from its beginnings in 1800 to the present day.

Download or read book Debt s Dominion written by David A. Skeel and published by . This book was released on 2001 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bankruptcy in America, in contrast to most other countries, signifies a chance for debtors to stop and recover. This text probes the political dynamics behind this system and provides an account of the journey American bankruptcy law has taken from its beginnings in 1800 to the present day.

Download or read book A History of the Bankruptcy Law written by Francis Regis Noel and published by Washington, D.C. : C.H. Potter. This book was released on 1919 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Early History of Bankruptcy Law written by Louis Edward Levinthal and published by . This book was released on 1918 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book An Introduction to Bankruptcy Law written by Martin A. Frey and published by . This book was released on 1992 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A History of the Bankruptcy Law written by Francis Regis Noel and published by Theclassics.Us. This book was released on 2013-09 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1919 edition. Excerpt: ... CHAPTER III. BANKRUPTCY LEGISLATION IN THE COLONIES AND IN THE STATES PRIOR TO THE CONSTITUTIONAL CONVENTION.* In the early stages of any novel enterprise at all hazardous to human life, as was colonization in America, the natural tendency is towards an intimate and confidential inter-dependence of those who brave the dangers. This condition prevailed in the infancy of the colonies, and in many of them the political status was absolutely communistic. In noticing this fact Doyle cites the case of Plymouth colony. The spirit of that progressive settlement encouraged the growth of industrial and commercial systems.1 As in Virginia, New Netherland and most of the other provinces all members of the community worked as an organized band under the direction of the governor; all produce was poured into the common store-house and out of it the settlers were supplied, while the surplus became the general or the profits of the company. The institution resembled the old, and, perhaps, fabulous Teutonic village or Mark, as modified by the English manorial system. Governor Hutchinson describes the social conditions of early Massachusetts, especially as they affected the administration of the laws.2 Under these primitive conditions little or no cause existed for invoking any law for the collection of debts; but this elysian state did not endure, and before long the little communities began to feel the evils which, in a proportionate degree, afflict older and larger states. As usual the reaction was oppo * "It is said the Colonial and State legislatures have been in the habit of passing laws of this description for more than a century," Marshall, C. J., in Sturges vs. Crowninshield, 4 Wheat., 122-208, (1819). 1 The industrial system and also the...

Download or read book Reinventing Bankruptcy Law written by Virginia Torrie and published by University of Toronto Press. This book was released on 2020-05-26 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reinventing Bankruptcy Law explodes conventional wisdom about the history of the Companies’ Creditors Arrangement Act and in its place offers the first historical account of Canada’s premier corporate restructuring statute. The book adopts a novel research approach that combines legal history, socio-legal theory, ideas from political science, and doctrinal legal analysis. Meticulously researched and multi-disciplinary, Reinventing Bankruptcy Law provides a comprehensive and concise history of CCAA law over the course of the twentieth century, framing developments within broader changes in Canadian institutions including federalism, judicial review, and statutory interpretation. Examining the influence of private parties and commercial practices on lawmaking, Virginia Torrie argues that CCAA law was shaped by the commercial needs of powerful creditors to restructure corporate borrowers, providing a compelling thesis about the dynamics of legal change in the context of corporate restructuring. Torrie exposes the errors in recent case law to devastating effect and argues that courts and the legislature have switched roles – leading to the conclusion that contemporary CCAA courts function like a modern day Court of Chancery. This book is essential reading for the Canadian insolvency community as well as those interested in Canadian institutions, legal history, and the dynamics of change.

Download or read book Bankruptcy in United States History written by Charles Warren and published by Beard Books. This book was released on 1999 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A History of the Bankruptcy Law written by Francis Regis Noel and published by William s Hein & Company. This book was released on 2002 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparatively full account of colonial legislation and practice and of the proceedings in the Constitutional Convention is given, and the latter half of the book summarizes briefly the four successive bankruptcy statutes of the United States.

Download or read book Bankruptcy in United States History written by Charles Warren and published by . This book was released on 1935 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Republic of Debtors written by Bruce H Mann and published by Harvard University Press. This book was released on 2009-06-30 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Debt was an inescapable fact of life in early America. At the beginning of the eighteenth century, its sinfulness was preached by ministers and the right to imprison debtors was unquestioned. By 1800, imprisonment for debt was under attack and insolvency was no longer seen as a moral failure, merely an economic setback. In Republic of Debtors, authorBruce H. Mann illuminates this crucial transformation in early American society.

Download or read book Corporate Bankruptcy written by Jagdeep S. Bhandari and published by Cambridge University Press. This book was released on 1996-03-29 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection is the first comprehensive selection of readings focusing on corporate bankruptcy. Its main purpose is to explore the nature and efficiency of corporate reorganization using interdisciplinary approaches drawn from law, economics, business, and finance. Substantive areas covered include the role of credit, creditors' implicit bargains, nonbargaining features of bankruptcy, workouts of agreements, alternatives to bankruptcy, and proceedings in countries including the United States, United Kingdom, Europe, and Japan. The Honorable Richard A. Posner, Chief Judge of the U.S. Court of Appeals for the Seventh Circuit, offers a foreword to the collection.

Download or read book Bankrupt in America written by Mary Eschelbach Hansen and published by University of Chicago Press. This book was released on 2020-02-05 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2005, more than two million Americans—six out of every 1,000 people—filed for bankruptcy. Though personal bankruptcy rates have since stabilized, bankruptcy remains an important tool for the relief of financially distressed households. In Bankrupt in America, Mary and Brad Hansen offer a vital perspective on the history of bankruptcy in America, beginning with the first lasting federal bankruptcy law enacted in 1898. Interweaving careful legal history and rigorous economic analysis, Bankrupt in America is the first work to trace how bankruptcy was transformed from an intermittently used constitutional provision, to an indispensable tool for business, to a central element of the social safety net for ordinary Americans. To do this, the authors track federal bankruptcy law, as well as related state and federal laws, examining the interaction between changes in the laws and changes in how people in each state used the bankruptcy law. In this thorough investigation, Hansen and Hansen reach novel conclusions about the causes and consequences of bankruptcy, adding nuance to the discussion of the relationship between bankruptcy rates and economic performance.

Download or read book Rescuing Business written by Bruce G. Carruthers and published by Oxford University Press on Demand. This book was released on 1998 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate bankruptcy is a defining characteristic of the market economy. It encapsulates the fundamental conflicts between capital and labour, owners and managers, debtors and creditors, the state and the market. Yet, with one or two notable exceptions, the political and social dynamics ofbankruptcy law and practice have been overlooked by serious socio-legal scholars. This book remedies that neglect. Adopting an approach that compares English and American law, the authors identify the underlying political forces that established corporate bankruptcy law on both sides of the Atlantic. The book demonstrates how, by a recursive loop of professional self-interest,corporate insovency regulation is the creation of the lawyers who interpret and administer it. This book will be welcomed as an important sociological study and advances our understanding of how substantive law results from conflicts among the professionals who help to create it.

Download or read book The Early History of Bankruptcy Law written by Louis Edward Levinthal and published by Andesite Press. This book was released on 2015-08-13 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Download or read book Law of Bankruptcy written by Charles Jordan Tabb and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "[This book provides an] analysis and discussion of every aspect of bankruptcy law, including an overview of bankruptcy; invoking bankruptcy relief (with a very detailed explanation of the means test); the automatic stay; jurisdiction and procedure; property of the estate; trustee's avoiding powers; payment of claims; executory contracts and unexpired leases; exemptions; discharge; reorganization under Chapter 11; debt adjustments under Chapter 13; debt adjustments under Chapter 12; and cross-border cases under chapter 15. The 2005 BAPCPA amendments and the extensive case law thereunder are explained and critiqued. All relevant Supreme Court cases through the 2015 Term are discussed in depth, including, for example, Stern, Wellness, Arkison, Caulkett, Schwab, Ransom, Lanning, Baker Botts, and many more."--