Consumer Bankruptcy in Global Perspective

Overview

Consumer Bankruptcy is an emerging field throughout the world. This book provides a comparative appraisal of global developments in this area. It is one of the first book-length publications focusing on comparative consumer bankruptcy and over-indebtedness. It combines theoretical and empirical studies of bankruptcy regimes and consumer credit in civilian and common law jurisdictions and explores current reform trends. The book will be of interest to academics, policymakers and law reformers as well as to ...
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Overview

Consumer Bankruptcy is an emerging field throughout the world. This book provides a comparative appraisal of global developments in this area. It is one of the first book-length publications focusing on comparative consumer bankruptcy and over-indebtedness. It combines theoretical and empirical studies of bankruptcy regimes and consumer credit in civilian and common law jurisdictions and explores current reform trends. The book will be of interest to academics, policymakers and law reformers as well as to practitioners.
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Product Details

  • ISBN-13: 9781841133584
  • Publisher: Hart Publishing (UK)
  • Publication date: 12/1/2003
  • Pages: 368
  • Product dimensions: 6.39 (w) x 9.50 (h) x 1.05 (d)

Table of Contents

Acknowledgments
List of Contributors
Introduction 1
I Theoretical Perspectives on Consumer Bankruptcy
1 Consumer Credit Society and Consumer Bankruptcy: Reflections on Credit Cards and Bankruptcy in the Informational Economy 17
2 Collective or Individual? Constructions of Debtors and Creditors in Consumer Bankruptcy 41
3 Personal Bankruptcy Law: A Behavioural Perspective 61
II Consumer Over-indebtedness in Countries Without Bankruptcy
4 Consumer Bankruptcy and Over-indebtedness in Brazil 85
5 Development of Consumer Credit in China and Concerns about the Underlying Legal Infrastructure 105
6 Searching for an Over-indebtedness Regulatory System for Portugal and the European Union 121
III New Consumer Bankruptcy Systems
7 'Thou shalt pay thy debts' Personal Bankruptcy Law and Inclusive Contract Law 143
8 The Political Economy of Personal Bankruptcy in Israel 167
9 Current Trends in Consumer Insolvency in Hong Kong 187
IV Changes in and Evaluations of Mature Consumer Bankruptcy Regimes
10 Bankruptcy in Transition: The Case of England and Wales - The Neo-Liberal Cuckoo in the European Bankruptcy Nest? 205
11 Developments in Consumer Bankruptcy in Australia 227
12 New Zealand Bankruptcy Law Reform: The New Role of the Official Assignee and the Prospects for a No-Asset Regime 247
13 Who Uses Chapter 13? 269
14 Generosity Versus Accessibility: Bankruptcy, Consumer Credit and Health Care Finance in the US 283
V Debtor Education and Debtor Counselling
15 Can Voluntary Debt Settlement and Consumer Bankruptcy Coexist? The Development of Dutch Insolvency Law 303
16 Debtor Education in Bankruptcy: The Perspective of Interest Analysis 319
17 Establishing Financial Literacy Programmes for Consumer Debtors: Complex Issues on the Platter 343
Index 361
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