| Description |
1 online resource : illustrations |
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text file |
| Bibliography |
Includes bibliographical references and index. |
| Contents |
1. The Rise of Personal Insolvency Law -- I. Introduction -- II. Explanations for Stability and Change in Personal Insolvency Law -- III. Household Debt, Neo-liberalism, and Personal Insolvency Law -- IV. Summary -- 2. US Exceptionalism? -- I. Introduction -- II. The Challenge of the Wage Earner Debtor: The 1930s -- III. The Wage Earner as Consumer Debtor: 1950s-1978 -- IV. Layering and Changing the Narrative: 1978-97 -- V. BAPCPA 2005 -- the Great Recession and the Future -- VI. The Role of the State in US Bankruptcy Law -- VII. Discussion -- 3. Drift, Conversion, and Layering: England and Wales -- I. Introduction -- II. The Players in English Personal Insolvency Reform -- III. Drifting -- the Sad Life of the English Administration Order -- IV. Conversion: The Individual Voluntary Arrangement -- V. Framing the Policy Response After the Enterprise Act: Borrowing Binges -- VI. Relief for the Deserving Poor: The Debt Relief Order -- VII. The Great Recession and Personal Insolvency Law -- VIII. Discussion -- 4. France: Contingency, the Role of Narratives, and the New Droit Social -- I. Introduction -- II. Over-indebtedness Regulation in Context -- III. The Development of the Over-indebtedness Regime -- IV. Legitimating Narratives: From Active to Passive Debtor to ...? -- V. The Changing Institutional Landscape: Commissions, Courts, and the Law in Action -- VI. Discussion -- 5. Sweden: The Quality of Mercy is Strained -- I. Introduction -- II. Swedish Regulation of the Consumer Credit Market -- III. The Development of the Swedish Debt Restructuring System -- IV. Who Accesses the Swedish Debt Restructuring System? -- V. Debt Counselling and the 'Enabling Welfare State' -- VI. The Five-Year Plan -- VII. Protection Against Home Eviction and Mortgage Foreclosure -- VIII. Discussion -- 6. After the Crisis: Towards an International 'Common Sense' in Personal Insolvency Law? -- I. Introduction -- II. International Initiatives: After the Great Recession -- III. European Union Consumer Credit Policy and Personal Insolvency -- IV. EU Personal Insolvency Policy after the Crisis -- V. EU Narratives -- VI. Bankruptcy Tourism, Regulatory Competition, and Regulatory Learning -- VII. Towards a European Paradigm? -- VIII. Conclusion -- 7. Conclusion: The Future of Personal Insolvency in the Twenty-First Century -- I. Influential Interest Groups -- II. Contemporary Narratives of Personal Insolvency -- III. Technocracy and Democracy in Personal Insolvency Reform -- IV. The Limits of Individual Insolvency? |
| Summary |
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. |
| Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
| Subject |
Bankruptcy -- Europe.
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Bankruptcy. |
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Europe. |
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Bankruptcy -- United States.
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United States. |
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Debtor and creditor.
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Debtor and creditor. |
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LAW -- Administrative Law & Regulatory Practice. |
| Genre/Form |
Electronic books.
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| Other Form: |
Print version: Ramsay, Iain. Personal insolvency in the 21st century. Portland, Oregon : Hart Publishing, 2017 9781849468091 (DLC) 2016058794 |
| ISBN |
9781509900985 (electronic book) |
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1509900985 (electronic book) |
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9781509901005 (electronic book) |
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1509901000 (electronic book) |
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9781509900992 (electronic book) |
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1509900993 (electronic book) |
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1849468095 (hardcover alkaline paper) |
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9781849468091 (hardcover alkaline paper) |
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9781849468091 (hardcover alkaline paper) |
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