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Author: Jason J. Kilborn Publisher: ISBN: 9781594601477 Category : Bankruptcy Languages : en Pages : 0
Book Description
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
Author: Jason J. Kilborn Publisher: ISBN: 9781594601477 Category : Bankruptcy Languages : en Pages : 0
Book Description
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
Author: Johanna Niemi Publisher: Bloomsbury Publishing ISBN: 1847315224 Category : Law Languages : en Pages : 462
Book Description
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.
Author: Jacob Ziegel Publisher: Hart Publishing ISBN: 1841132721 Category : Law Languages : en Pages : 213
Book Description
This study compares the insolvency regimes currently in place or likely to be adopted in the foreseeable future in various countries worldwide.
Author: Jacob S. Ziegel Publisher: ISBN: 9781472559463 Category : Bankruptcy Languages : en Pages : 183
Book Description
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.
Author: Thomas Kadner Graziano Publisher: Edward Elgar Publishing ISBN: 1788975650 Category : Law Languages : en Pages : 1266
Book Description
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.
Author: Federico Ferretti Publisher: ISBN: 9789462366732 Category : Consumer credit Languages : en Pages : 0
Book Description
This book explores the topic of over-indebtedness of consumers and their inability to repay their debts. With a large number of people having excessive debt levels across Europe, it not only impacts badly on the lives of those who are affected, but also carries great social and economic costs. Therefore, it has become a concern for both national and EU policymakers, and requires adequate legal responses for the prevention of the problem and the alleviation of its effects. Responsible credit and personal insolvency are the main solutions discussed in this book alongside other practical aspects. The volume combines a range of multidisciplinary articles by recognised national academic and non-academic experts representing a diversity of interests in the UK, Germany, Greece and Italy. Written by academics, representatives of consumer organisations, practitioners, debt advisors and industry representatives, it is an important resource not only for their equivalents but also for policymakers, the judiciary and everyone involved in the understanding of the problem of consumer over-indebtedness. (Series: European and International Insolvency Law Studies, Vol. 3) [Subject: Commercial Law, International Law]
Author: Iain Ramsay Publisher: Bloomsbury Publishing ISBN: 1509900993 Category : Law Languages : en Pages : 258
Book Description
Since 1979 the world has witnessed a remarkable cycle of personal insolvency law reform. Changes in capitalist economies, financial crises and political interest groups all contributed to this cycle of reform. This book examines the role of interest groups and distinct narratives in shaping reform in different countries while drawing attention to the role of timing, path dependency and unintended consequences in the development of personal insolvency law. The book presents case studies of personal insolvency law in the US, France, Sweden, and England and Wales. It then analyses how, following the Great Recession of 2008, international financial institutions paid greater attention to the significance of household debt in contributing to financial instability and the role of individual insolvency law in providing a fresh start. Personal insolvency law reform became part of EU responses to the eurozone crisis and the EU has proposed harmonisation of individual insolvency law to promote entrepreneurialism. This book examines the extent to which these developments represent an emerging international commonsense about personal insolvency and its relationship to neo-liberalism. Finally, this book discusses whether the international emergence of individual personal insolvency 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.
Author: Henry J. Sommer Publisher: ISBN: Category : Bankruptcy Languages : en Pages : 694
Book Description
This CD-Rom contains all of the material found in this new edition's appendices, index, and table of contents, not just in word processing format, but also in PDF (Acrobat) format ... The CD-Rom also continues to contain Law Disk's Bankruptcy Forms Disk software that allows users to complete petitions, schedules, and statements on their wordprocessor.
Author: Jason J. Kilborn
Author: Jason J. Kilborn
Author: Johanna Niemi
Author: Jacob Ziegel
Author: Johanna Niemi-Kiesiläinen
Author: Jacob S. Ziegel
Author: Thomas Kadner Graziano
Author: Federico Ferretti
Author: Iain Ramsay
Author: Henry J. Sommer
Author: Henry J. Sommer