scholarly journals Personal Bankruptcy Law, Wealth and Entrepreneurship: Theory and Evidence from the Introduction of a 'Fresh Start'

2011 ◽  
Author(s):  
Frank M. Fossen
Keyword(s):  
Bankruptcy Law ◽  
Personal Bankruptcy ◽  
Fresh Start ◽  
Entrepreneurship Theory

Personal Bankruptcy Law, Fresh Start and Judicial Practice

2011 ◽  
Author(s):  
Régis Blazy ◽  
Bertrand Chopard ◽  
Eric Langlais ◽  
Ydriss Ziane
Keyword(s):  
Bankruptcy Law ◽  
Personal Bankruptcy ◽  
Fresh Start ◽  
Judicial Practice

scholarly journals Some Suggestions from Japan for Reforming Australia’s Personal Bankruptcy Law

2017 ◽  
Vol 17 (1) ◽  
pp. 74
Author(s):  
Stacey Leanne Steele ◽  
Jin Chun
Keyword(s):  
21St Century ◽  
Law Reform ◽  
Bankruptcy Law ◽  
Personal Bankruptcy ◽  
Fresh Start ◽  
Bubble Economy ◽  
One Year

This article examines Japan’s contemporary personal bankruptcy law reform experience in light of Australia’s proposed reforms to the Bankruptcy Act 1966 (Cth). Japan’s personal insolvency legislation was substantially revised at the turn of the 21st century and a new proceeding for individual rehabilitation introduced. These innovations built on practical and procedural solutions pioneered in the courts especially in the late 1990s as the number of personal bankruptcies increased after the bursting of the bubble economy. The article shows that by comparison with Japanese approaches to discharge, investigation and continuing obligations, including requirements for income contributions, the proposed Australian reforms are conservative and not as debtor-friendly as those in Japan. The time between filing and discharge in Japan, for example, is flexible and typically no more than a few months. The Australian reforms merely suggest revising the default bankruptcy period from three years to a fixed one year. In practice, the article suggests that the obstacles of adverse credit histories and enforcement of personal guarantees against entrepreneurs remain problems for an entrepreneur seeking a fresh start in both jurisdictions.

Some Clinical and Psychobiographical Aspects of Personal Bankruptcy: A Psychoanalytic Inquest

1983 ◽  
Vol 11 (1) ◽  
pp. 19-28
Author(s):  
Lawrence M. Ginsburg ◽  
Sybil A. Ginsburg
Keyword(s):  
United States ◽  
The United States ◽  
Historical Background ◽  
Bankruptcy Law ◽  
Personal Bankruptcy ◽  
Transference And Countertransference

The historical background of bankruptcy law in the United States is examined. The paucity of literature about the psychology of bankrupts is noted. Published studies are cited which trace the stages of ego disintegration under state-imposed constraints. The reported analysis of a bankruptcy lawyer is excerpted to illustrate the link with death which his work unconsciously represented for him. Brief clinical examples of the psychology of two bankrupts are included, with discussion about their psychodynamics. Pronouncements of two prominent patients are quoted and reviewed, along with biographical formulations about post-insolvency transference and countertransference considerations involving their respective analysts.

Personal Bankruptcy Law and Innovation

2013 ◽  
Author(s):  
Geraldo Cerqueiro ◽  
Deepak Hegde ◽  
Maria Fabiana Penas ◽  
Robert Seamans
Keyword(s):  
Bankruptcy Law ◽  
Personal Bankruptcy
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