Author: Louis Edward LevinthalPublisher:
ISBN:
Category :
Languages : en
Pages : 40
Book Description
The Early History of Bankruptcy Law
Author: Louis Edward LevinthalPublisher:
ISBN:
Category :
Languages : en
Pages : 40
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.
The Early History of Bankruptcy Law
Author: Louis Edward LevinthalPublisher: Andesite Press
ISBN: 9781296854515
Category :
Languages : en
Pages : 38
Book Description
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
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
Reinventing Bankruptcy Law
Author: Virginia TorriePublisher: University of Toronto Press
ISBN: 1487534132
Category : History
Languages : en
Pages : 317
Book Description
Reinventing Bankruptcy Law explodes conventional wisdom about the history of the Companies’ Creditors Arrangement Act and in its place offers the first historical account of Canada’s premier corporate restructuring statute. The book adopts a novel research approach that combines legal history, socio-legal theory, ideas from political science, and doctrinal legal analysis. Meticulously researched and multi-disciplinary, Reinventing Bankruptcy Law provides a comprehensive and concise history of CCAA law over the course of the twentieth century, framing developments within broader changes in Canadian institutions including federalism, judicial review, and statutory interpretation. Examining the influence of private parties and commercial practices on lawmaking, Virginia Torrie argues that CCAA law was shaped by the commercial needs of powerful creditors to restructure corporate borrowers, providing a compelling thesis about the dynamics of legal change in the context of corporate restructuring. Torrie exposes the errors in recent case law to devastating effect and argues that courts and the legislature have switched roles – leading to the conclusion that contemporary CCAA courts function like a modern day Court of Chancery. This book is essential reading for the Canadian insolvency community as well as those interested in Canadian institutions, legal history, and the dynamics of change.
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.
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 History of Bankruptcy
Author: Thomas Max SafleyPublisher: Routledge
ISBN: 0415687306
Category : Business & Economics
Languages : en
Pages : 258
Book Description
Always a natural companion to capitalism, bankruptcy has become much more prevalent in the public consciousness since the global financial crisis. This volume, from an international set of scholars, focuses on bankruptcy in early modern Europe, when its frequency made it not only an economic problem but the great personal and social tragedy it has become.
A History of the Bankruptcy Law
Author: Francis Regis NoelPublisher: Theclassics.Us
ISBN: 9781230378275
Category :
Languages : en
Pages : 78
Book Description
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1919 edition. Excerpt: ... CHAPTER III. BANKRUPTCY LEGISLATION IN THE COLONIES AND IN THE STATES PRIOR TO THE CONSTITUTIONAL CONVENTION.* In the early stages of any novel enterprise at all hazardous to human life, as was colonization in America, the natural tendency is towards an intimate and confidential inter-dependence of those who brave the dangers. This condition prevailed in the infancy of the colonies, and in many of them the political status was absolutely communistic. In noticing this fact Doyle cites the case of Plymouth colony. The spirit of that progressive settlement encouraged the growth of industrial and commercial systems.1 As in Virginia, New Netherland and most of the other provinces all members of the community worked as an organized band under the direction of the governor; all produce was poured into the common store-house and out of it the settlers were supplied, while the surplus became the general or the profits of the company. The institution resembled the old, and, perhaps, fabulous Teutonic village or Mark, as modified by the English manorial system. Governor Hutchinson describes the social conditions of early Massachusetts, especially as they affected the administration of the laws.2 Under these primitive conditions little or no cause existed for invoking any law for the collection of debts; but this elysian state did not endure, and before long the little communities began to feel the evils which, in a proportionate degree, afflict older and larger states. As usual the reaction was oppo * "It is said the Colonial and State legislatures have been in the habit of passing laws of this description for more than a century," Marshall, C. J., in Sturges vs. Crowninshield, 4 Wheat., 122-208, (1819). 1 The industrial system and also the...
Bankrupt in America
Author: Mary Eschelbach HansenPublisher: Markets and Governments in Economic History
ISBN: 022667956X
Category : Bankruptcy
Languages : en
Pages : 237
Book Description
"In Bankrupt in America, Mary and Brad Hansen show that examination of how Americans have used bankruptcy law and the history of the law itself offers important perspective on the history of bankruptcy in America. Using new statistical and documentary evidence, they illustrate the cycles of interaction between bankruptcy law's use and its own evolution. The authors first offer a broad overview of the laws at various levels governing the collection of debt and position their research in the literature on bankruptcy. They establish the need for a framework that integrates various lines of thought, and introduce of the methods of their approach, which incorporates new institutional economics and cliometrics, that is, the incorporation of econometric data analysis. They then illustrate the general path to bankruptcy by discussing the series of decisions that creditors and debtors make at every stage and how various formal and informal institutions influence these decisions. The core of the book will comprise a generally chronological narrative from 1898, when the first major federal bankruptcy law was enacted to an end point of 2005. Hansen and Hansen reach novel conclusions about causes and consequences of bankruptcy and raise nuances in the relationship between bankruptcy rates and economic growth. For instance, while higher bankruptcy rates are usually considered a negative, the authors show that higher bankruptcy may actually signal economic growth if it is due to an expansion of credit markets. Further, the authors contribute to our understanding of what drives differences in bankruptcy rates among states by illustrating the influence of the broader legal framework. Ultimately, this work find that long-run growth in personal bankruptcy is the result of growth in credit and that the study of legal governance provides useful viewpoints from which to draw out patterns in bankruptcy"--