Debt's Dominion

A History of Bankruptcy Law in America

Author: David A. Skeel Jr.

Publisher: Princeton University Press

ISBN: 1400828503

Category: Business & Economics

Page: 296

View: 2743

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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.
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Debt's Dominion

A History of Bankruptcy Law in America

Author: David A. Skeel

Publisher: Princeton University Press

ISBN: 9780691088105

Category: Business & Economics

Page: 281

View: 3156

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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.
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Attorney Liability in Bankruptcy

Author: Corinne Cooper

Publisher: American Bar Association

ISBN: 9781590315828

Category: Law

Page: 348

View: 9868

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This practical guide through the unique and difficult issues involved when a past or current service member divorces includes a CD-ROM with forms.
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Personal Insolvency in the 21st Century

A Comparative Analysis of the US and Europe

Author: Iain Ramsay

Publisher: Bloomsbury Publishing

ISBN: 1509900993

Category: Law

Page: 224

View: 3028

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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.
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Consumer Bankruptcy Law and Practice

With CD-Rom

Author: Henry J. Sommer,Gary Klein,John Rao,Susan A. Schneider

Publisher: N.A

ISBN: N.A

Category: Law

Page: 1064

View: 6535

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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.
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The Engine of Enterprise

Credit in America

Author: Rowena Olegario

Publisher: Harvard University Press

ISBN: 067491550X

Category: Business & Economics

Page: N.A

View: 2024

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Tracing credit from colonial times to the present and highlighting its productive role in building national prosperity, Rowena Olegario probes questions that have divided Americans: Who should have access to credit? How should creditors assess creditworthiness? How can borrowers and lenders accommodate to the risks of a credit-dependent economy?
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Bankruptcy

Author: William D. Warren,Daniel J. Bussel

Publisher: Foundation Press

ISBN: N.A

Category: Law

Page: 928

View: 6515

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The Eighth Edition integrates the rapidly developing post-BAPCPA (2005) caselaw and features revised treatment of consumer bankruptcy issues in light of that caselaw. Revised Chapter 11 materials put greater emphasis on bankruptcy sales in light of their increasing frequency and importance. Thoroughly updated and current, the Eighth Edition remains a classic casebook presenting students the full canon of bankruptcy law under the 1978 Bankruptcy Code explicated through carefully selected and edited principal cases and thoughtful notes and problems. New Principal Cases:Armstrong World (2005) Butner (1979)Clear Channel (In re PW) (2008)Katz>/i>(2006) Kreisler (2008) Majewski (2002) Milavetz, Gallop & Milavetz (2008)Piper Aircraft (1995) Wright (2007) Selected New Notes and Problems:Avoiding Power Limitations Applicable to Financial Derivatives Bankruptcy SalesConversion (Marrama) Chapter 11 Plan ExclusivityProjected Disposable Income Under Chapter 13 (Kagenveama) ReclamationTransnational Bankruptcy (Chapter 15)
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Sovereign Debt

From Safety to Default

Author: Robert W. Kolb

Publisher: John Wiley & Sons

ISBN: 9781118017555

Category: Business & Economics

Page: 449

View: 9790

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An intelligent analysis of the dangers, opportunities, and consequences of global sovereign debt Sovereign debt is growing internationally at a terrifying rate, as nations seek to prop up their collapsing economies. One only needs to look at the sovereign risk pressures faced by Greece, Spain, and Ireland to get an idea of how big this problem has become. Understanding this dilemma is now more important than ever, that's why Robert Kolb has compiled Sovereign Debt. With this book as your guide, you'll gain a better perspective on the essential issues surrounding sovereign debt and default through discussions of national defaults, systemic risk, associated costs, and much more. Historical studies are also included to provide a realistic framework of reference. Contains up-to-date research and analysis on sovereign debt from today's leading practitioners and academics Details the dangers of defaults and their associated systemic risks Explores the past, present, and future of sovereign debt The repercussions of a national default are all-encompassing as global markets are intricately interwoven in the modern world. Sovereign Debt examines what it will take to overcome the challenges of this market and how you can deal with the uncertainty surrounding it.
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Essays in the History of Canadian Law

Quebec and the Canadas

Author: George Blaine Baker,Donald Fyson

Publisher: University of Toronto Press

ISBN: 1442670061

Category: History

Page: 608

View: 2946

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The essays in this volume deal with the legal history of the Province of Quebec, Upper and Lower Canada, and the Province of Canada between the British conquest of 1759 and confederation of the British North America colonies in 1867. The backbone of the modern Canadian provinces of Ontario and Quebec, this geographic area was unified politically for more than half of the period under consideration. As such, four of the papers are set in the geographic cradle of modern Quebec, four treat nineteenth-century Ontario, and the remaining four deal with the St. Lawrence and Great Lakes watershed as a whole. The authors come from disciplines as diverse as history, socio-legal studies, women’s studies, and law. The majority make substantial use of second-language sources in their essays, which shade into intellectual history, social and family history, regulatory history, and political history.
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