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Personal Insolvency in the 21st Century: A Comparative Analysis of the US and Europe de Professor Iain Ramsay

Personal Insolvency in the 21st Century: A Comparative Analysis of the US and Europe

Autor Professor Iain Ramsay
en Limba Engleză Hardback – 3 mai 2017
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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Specificații

ISBN-13: 9781849468091
ISBN-10: 1849468095
Pagini: 224
Dimensiuni: 156 x 234 x 22 mm
Greutate: 0.52 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

This book draws on insights from historical institutionalism to illustrate the role of timing, path dependency and unintended consequences in the development of individual bankruptcy law.

Notă biografică

Iain Ramsay is Professor of Law at the University of Kent.

Cuprins

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 InsolvencyIV. 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?

Recenzii

...Ramsay's book is one of the most informative accounts of the development of personal insolvency law and law-making in the past decades and the best socio-legal explanation of the driving forces behind legislative developments.
Ramsay ... makes a compelling case that research on personal insolvency law is important, by highlighting the growing prominence of the subject and the potential impact of research on the policy process. He also provides his readers with a smorgasbord of intellectual stimulants ... Ramsay has pointed the way towards fertile philosophical soil. His book is a lively and stimulating invitation to join him in tilling it.
Personal Insolvency in the 21st Century is a must-read for anybody interested in insolvency and consumer credit. Scholars and students of the credit society, national and international institutions, and law will surely find this book insightful and inspiring as much as policy makers. It is not just an intelligent and much-needed analysis of personal insolvency law and reform but also an enjoyable read.
This succinct text represents an excellent analysis of the phenomenon of personal insolvency and the legal response to it across a range of jurisdictions... This monograph is a major contribution to scholarship and it has my fulsome recommendation.