Author: Arnold M. QuittnerPublisher:
ISBN:
Category : Bankruptcy
Languages : en
Pages : 65
Book Description
Overview: History of the Bankruptcy Act and Prior Bankruptcy Laws
Author: Arnold M. QuittnerPublisher:
ISBN:
Category : Bankruptcy
Languages : en
Pages : 65
Book Description
Debt's Dominion
Author: David A. Skeel Jr.Publisher: Princeton University Press
ISBN: 1400828503
Category : Business & Economics
Languages : en
Pages : 296
Book Description
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.
Bankrupt in America
Author: Mary Eschelbach HansenPublisher: University of Chicago Press
ISBN: 022667973X
Category : Business & Economics
Languages : en
Pages : 237
Book Description
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.
The Past, Present and Future of Bankruptcy Law in America
Author: Todd J. ZywickiBankruptcy in United States History
Author: Charles WarrenPublisher: Beard Books
ISBN: 9781893122161
Category : Business & Economics
Languages : en
Pages : 212
Book Description
Republic of Debtors
Author: Bruce H MannPublisher: Harvard University Press
ISBN: 0674040546
Category : History
Languages : en
Pages : 353
Book Description
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.
The Reconstruction of Southern Debtors
Author: Elizabeth Lee ThompsonPublisher: University of Georgia Press
ISBN: 9780820326245
Category : Law
Languages : en
Pages : 228
Book Description
Based on a careful empirical study of nearly four thousand cases filed in three southern federal districts, this book focuses on how the Bankruptcy Act of 1867 helped shape the course and outcome of Reconstruction. Although passed by a Republican-dominated Congress that was commonly viewed as punitive toward the post-Civil War South, the Bankruptcy Act was a great benefit to southerners. In this first study of the operation of the 1867 Act, Elizabeth Lee Thompson challenges previous works, which maintain that nineteenth-century southerners uniformly opposed federal bankruptcy laws as threatening extensions of federal power. To the contrary, Thompson finds that southerners, faced with the war’s devastation, were more likely to file for bankruptcy than debtors in other parts of the country. The Act thus was the major piece of federal economic legislation that benefited southerners during Reconstruction. Thompson determines that because the vast majority of the Bankruptcy Act’s southern beneficiaries were propertied white men, the legislation served to stabilize and entrench the postwar economic--and thus social and political--power of the sector that included those who were recently leading secessionists and Confederates. Their participation in a federal process, through federal tribunals, during an era of intense white southern opposition to policies emanating from Washington reveals the complex interaction of states' rights ideology and self-interest. However, Thompson shows, white southerners ultimately sacrificed neither in relation to the Bankruptcy Act. After thousands had received economic relief through the statute and the number of filings had slowed to a trickle, southern congressmen supported the Act’s repeal in 1878.
The Bankruptcy Act, 1883
Author: Sir Mackenzie Dalzell Edwin Stewart Chalmers (K.C.B.)Publisher:
ISBN:
Category : Bankruptcy
Languages : en
Pages : 182
Book Description
A History of the Bankruptcy Law
Author: Francis Regis NoelPublisher: Washington, D.C. : C.H. Potter
ISBN:
Category : Bankruptcy
Languages : en
Pages : 222
Book Description
General Orders and Forms in Bankruptcy
Author: United States. Supreme CourtPublisher:
ISBN:
Category : Bankruptcy
Languages : en
Pages : 112
Book Description