Download or read book Comparative Consumer Insolvency Regimes written by Jacob Ziegel and published by Bloomsbury Publishing. This book was released on 2003-09-22 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: All modern legal systems with advanced economies must address the question of how to respond to the needs of insolvent consumers whose burden of debt greatly exceeds their capacity to repay within a reasonable time frame. This study surveys comparatively the insolvency regimes currently in place or likely to be adopted in the foreseeable future in Canada,the United States, Australia, England and Wales, Scotland, Scandinavia and a representative group of Western countries on the continent of Europe. Modern legal systems have two basic alternatives in providing relief for over-committed consumers. The first, which involves restricting the enforcement of individual creditor remedies is a method with which this study is not concerned. Where the consumer is seriously insolvent and owes money to many creditors, a different approach is required -- a collective solution to debtor's problems – and this, the solution provided by modern insolvency systems, is the focus of this study.

Download or read book Comparative Consumer Insolvency Regimes written by Jacob S. Ziegel and published by . This book was released on 2003 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern legal systems have two basic alternatives in providing relief for over-committed consumers. Where the consumer is seriously insolvent and owes money to many creditors, a collective solution to debtor's problems is required. This work focuses on such a solution.

Download or read book Comparative Consumer Insolvency Regimes written by Jacob Ziegel and published by Hart Publishing. This book was released on 2003-09 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study compares the insolvency regimes currently in place or likely to be adopted in the foreseeable future in various countries worldwide.

Download or read book Comparative Consumer Bankruptcy written by Jason J. Kilborn and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the rapidly evolving law of individual insolvency. As consumer borrowing and spending play a greater and greater role in fueling worldwide economic growth, more and more countries are dealing with the casualties of the "democratization of credit" and the "open credit economy." This book explores the struggles that led to the implementation and continuous revision of consumer insolvency law throughout much of Europe in the 1990s and early 2000s. Drawing on both primary sources of formal law and empirical studies of the law in action, this book offers an overview of how the law of consumer "overindebtedness" has played out in the last two decades in the United States and Europe and where it appears to be headed today. While the focus here is on law and practice, the questions for discussion at the end of each chapter might spawn deeper theoretical and policy explorations of the ambivalent relationship of societies to their financially overextended consumers and the ambiguous state of contract law in the consumer context in the 21st century. Chapter 1 sets the stage by introducing the challenges and methodology of a comparative approach to this area of the law. Chapter 2 explores the varying form and role of "credit counseling" and pre-bankruptcy negotiation with creditors in the various systems presented. Chapters 3 and 4 compare and contrast the form and function of the formal consumer insolvency systems in the United States, France, Germany, Austria, England & Wales, the Netherlands, Sweden, Belgium, and Luxembourg. This book is designed for use either in a comparative law course, using consumer insolvency systems to illustrate many of the challenges of comparative law analysis, or in a basic bankruptcy course, using a variety of European approaches and their development over time to enlighten and challenge students' appreciation of the operation of the U.S. system. This book is part of the Comparative Law Series, edited by Michael L. Corrado, Arch T. Allen Distinguished Professor of Law, UNC School of Law. "Each chapter is punctuated with thoughtful discussion questions that will spark debate about the merits of various countries' solutions to the problem of consumer debt." -- Harvard Law Review "Throughout the book Kilborn employs the welcoming tone of a seasoned and passionate educator, with a touch of humor, at the same time appealing to the sense of certainty that law students so often crave...Kilborn is to be congratulated." -- The Law and Politics Book Review

Download or read book Consumer Bankruptcy in Global Perspective written by Johanna Niemi and published by Bloomsbury Publishing. This book was released on 2003-11-27 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consumer Bankruptcy and over-indebtedness is an emerging field throughout the world. This book provides a comparative appraisal of global developments in this area. It is one of the first book length publications focusing on comparative consumer bankruptcy and over-indebtedness. It combines theoretical and empirical studies of bankruptcy regimes and consumer credit in civilian and common law jurisdictions as well as exploring current reform trends. The book will be of interest to academics, policymakers and law reformers as well as to practitioners.

Download or read book Consumer Bankruptcy Regimes and Credit Default in the US and Europe written by Maria Gerhardt and published by . This book was released on 2009 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A Guide to Consumer Insolvency Proceedings in Europe written by Thomas Kadner Graziano and published by Edward Elgar Publishing. This book was released on 2019 with total page 1266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the adoption of the EU Regulation on Insolvency Proceedings in 2000 and its recast in 2015, it has become clear that lawyers engaged in consumer insolvency proceedings are increasingly expected to have a basic understanding of foreign insolvency proceedings, as well as knowledge of the foreign country's court and legal system, legislation and judicial practice. Written by 50 highly qualified insolvency experts from 30 European countries, A Guide to Consumer Insolvency Proceedings in Europe provides the necessary information in the largest, most up-to-date and comprehensive book on this topic. Assisting the readers in their navigation through the differences, similarities, and peculiarities of insolvency proceedings in all Member States of the European Union, Switzerland and Russia, this book is a unique guide to insolvency proceedings across Europe. With contributions by both academics and practitioners, it provides truly multinational coverage of the economic, legal, social, political, and demographic issues in consumer insolvency. Illustrating the numerous practices across Europe, this book allows the reader to evaluate each aspect both on its own merits, as well as in comparison to the approaches applied in other European jurisdictions. This book will be an invaluable tool for insolvency practitioners, judges, lawyers, creditors and debtors throughout Europe, especially those participating in cross-border proceedings.

Download or read book Lessons from the Globalization of Consumer Bankruptcy written by Charles Jordan Tabb and published by . This book was released on 2005 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt: This essay is inspired by two recent books on comparative consumer bankruptcy: (1) Consumer Bankruptcy in Global Perspective (Oxford, U.K. and Portland, Ore.: Hart Publishing, 2003, Johanna Niemi-Kiesilauml;inen, Iain Ramsay, and William Whitford, editors), and (2) Jacob S. Ziegel, Comparative Consumer Insolvency Regimes - A Canadian Perspective (Oxford, U.K. and Portland, Ore.: Hart Publishing, 2003). After describing the worldwide legislative frenzy in the enactment of consumer bankruptcy laws since 1984, the essay turns to three basic questions. First, the paper asks - should we care about comparative consumer bankruptcy study? That is, is the comparative study of consumer bankruptcy regimes meaningful, useful, or helpful? After expressing a number of caveats, several substantial benefits of comparative bankruptcy scholarship are noted. Second, the article examines what forces are driving the global legislative surge? Here the paper points to strong evidence that the democratisation of consumer credit, stemming from deregulation and improved technology and information, has driven up the amount of consumer credit exponentially, with a correspondingly large increase in default, thus necessitating some sort of legislative response to consumer over-indebtedeness. Finally, the paper asks whether there is a global trend of convergence, whereby legislative relief for over-indebted consumers is moving towards a common set of norms. The paper suggests that while there is some evidence of convergence, the differences still are substantial, predominate, and are likely to - and should - persist.

Download or read book Varieties of Discharge written by Bertram Lomfeld and published by . This book was released on 2018 with total page 13 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first ambition of this paper is to sketch a normative frame (a 'grammar') for consumer bankruptcy reasons. Following the methodology of a comparative structural discourse analysis it suggests a pluralistic value matrix integrating divers bankruptcy theories. The systemic order of this grammar allows integrating plural bankruptcy rationalities and at the same time may guide, yet not determine legislative and judicial decision-making. The structural typology offers a unified yet plural map of bankruptcy reasoning. Based on the developed frame of a political grammar of bankruptcy theory this paper suggest a four model typology of political economies of consumer bankruptcy law. The most common comparative political economy narrative of bankruptcy law is that of a fixed attribution of types of normative bankruptcy models to countries. The central hypothesis of this paper is that all political economic value positions reappear in every doctrinal question on the interpretation of bankruptcy laws. Not only does a variety of scholars bring up different political perspectives for interpretation. Also the legislative coding itself entails different underlying value decisions. The main part of the paper will run over the US bankruptcy code and the German insolvency code ('Insolvenzordnung') to highlight some selected regulative elements in that respect.The main overall result of this comparative discourse analysis both of bankruptcy theories and legislative normative underpinnings is the fact of value pluralism in bankruptcy laws. This variability of political value commitments is reflected within many deep transformations of bankruptcy regimes in the legal evolution of most national jurisdictions. The evolution of bankruptcy laws proves by its alternation of ideological changes the deep political dimension of bankruptcy regulation.

Download or read book Orderly and Effective Insolvency Procedures written by International Monetary Fund and published by International Monetary Fund. This book was released on 1999-08-02 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by IMF's Legal Department, this book outlines the key issues involved in designing and implementing orderly and effective insolvency procedures, which play a critical role in fostering growth and competitiveness and may also assist in the prevention and resolution of financial crises. The book draws on lessons learned from firsthand experience by some of the IMF's 182 member countries. It includes an analysis of the major policy choices that countries need to address when designing an insolvency system, a discussion of the advantages and disadvantages of these choices, and a number of specific recommendations.

Download or read book European Insolvency Law written by Gerard McCormack and published by Edward Elgar Publishing. This book was released on 2017-01-27 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critically analysing the substantive law of insolvency in the EU countries as a whole, this book carries out horizontal cross-cutting analysis of the data gathered from a study of national insolvency laws. It selects particular areas for detailed discussion and considers the pros and cons of particular legislative solutions.

Download or read book Consumer Bankruptcy in Global Perspective written by Johanna Niemi-Kiesiläinen and published by Hart Publishing. This book was released on 2003-12 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comparative appraisal of global developments in the area of consumer bankruptcy and overindebtedness.

Download or read book Insolvency Prospects Among Small and Medium Sized Enterprises in Advanced Economies written by Mr.Federico J Diez and published by International Monetary Fund. This book was released on 2021-04-02 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: The COVID-19 pandemic has increased insolvency risks, especially among small and medium enterprises (SMEs), which are vastly overrepresented in hard-hit sectors. Without government intervention, even firms that are viable a priori could end up being liquidated—particularly in sectors characterized by labor-intensive technologies, threatening both macroeconomic and social stability. This staff discussion note assesses the impact of the pandemic on SME insolvency risks and policy options to address them. It quantifies the impact of weaker aggregate demand, changes in sectoral consumption patterns, and lockdowns on firm balance sheets and estimates the impact of a range of policy options, for a large sample of SMEs in (mostly) advanced economies.

Download or read book The Use of Data in Assessing and Designing Insolvency Systems written by José Garrido and published by International Monetary Fund. This book was released on 2019-02-04 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: To date, the use of empirical data in insolvency law analysis has been sporadic. This paper provides a conceptual framework for the use of data to assess the effectiveness and efficiency of insolvency systems. The paper analyzes the existing sources of data on insolvency proceedings, including general insolvency statistics, judicial statistics, statistics of insolvency regulators and other sources, and advocates for the design of special data collection mechanisms and statistics to conduct detailed assessments of insolvency systems and to assist in the design of legal reforms.

Download or read book Bankruptcy written by Joseph Spooner and published by Cambridge University Press. This book was released on 2019-04-11 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excessive household debt has allowed for economic growth, but this model has become increasingly unstable. Spooner examines bankruptcy law as a potential solution.

Download or read book The Right Tool for the Job Mortgage Distress and Personal Insolvency During the European Debt Crisis written by Mr. Wolfgang Bergthaler and published by International Monetary Fund. This book was released on 2023-05-05 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European debt crisis in the early to mid 2010s brought to the fore the issue of household debt distress: in the countries affected, widespread over-indebdtedness resulted in serious financial and social challenges. The crisis was primarily a mortgage debt crisis, but in several cases, the legal response was based on the introduction of personal insolvency procedures. This paper examines the challenges in designing and implementing legal reforms in this area to promote a better understanding of the main considerations in resolving personal insolvency and distressed mortgage debt in the context of crises. Lessons from the European crisis may prove valuable when dealing with the aftermath of the COVID-19 pandemic and the war in Ukraine on household debt distress.

Download or read book Consumer Credit Debt and Bankruptcy written by Johanna Niemi and published by Bloomsbury Publishing. This book was released on 2009-07-15 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: After a long period of prosperity and steady economic growth, the world's leading economies are now in crisis, and although there will be debate about its origins, the scale and seriousness of the crisis is in no doubt. There is also no doubt that excessive amounts of consumer credit, allied to a weak understanding of how globalised credit markets might react to a crisis, have played a significant part. This book, which is primarily about credit, debt and the trouble they have led to, is written by authors who have specialised in researching into over-indebtedness, that is, situations in which an individual's debt burden has become overwhelming. For these authors the plight of individuals is a primary concern, but the wider issue is how credit is used and how it changes societies. The essays in this volume, addressing topics which are fundamental to our understanding of the current crisis, range widely across the whole sector of consumer finance, including mortgages, 'credit-binges', the regulation of consumer lending, insolvency, repayment plans, debt counselling and much more besides. The conclusions drawn from the book are equally wide-ranging, but above all the lesson learned from these essays is that the financialisation of contemporary life ensures that issues of the appropriate role of credit remain of critical importance in society.