Professor Iain Ramsay

Personal Insolvency in the 21st Century

A Comparative Analysis of the US and Europe

• Broschiertes Buch

Produktbeschreibung

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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Produktdetails

• Verlag: Bloomsbury Publishing PLC
• Seitenzahl: 222
• Erscheinungstermin: 19. September 2019
• Englisch
• Abmessung: 234mm x 156mm x 12mm
• Gewicht: 352g
• ISBN-13: 9781509932177
• ISBN-10: 1509932178
• Artikelnr.: 57832082

Autorenporträt

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

Inhaltsangabe

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?