Personal insolvency in the 21st century : a comparative analysis of the US and Europe

著者

    • Ramsay, Iain

書誌事項

Personal insolvency in the 21st century : a comparative analysis of the US and Europe

Iain Ramsay

Hart, 2017

  • : hb

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注記

Includes index

内容説明・目次

内容説明

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.

目次

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?

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