Personal Bankruptcy Law, Fresh Start and Judicial Practice

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.

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On Issue of Civil and Legal Liability of the Insolvency Officer for Actions (Inaction) of Third Parties in a Bankruptcy Case

Baikal Research Journal ◽

10.17150/2411-6262.2019.10(1).16 ◽

2019 ◽

Vol 10 (1) ◽

Author(s):

Igor Staritsyn

Keyword(s):

Russian Federation ◽

Legal Liability ◽

Third Parties ◽

Bankruptcy Law ◽

District Courts ◽

Judicial Practice ◽

Illegal Behavior ◽

The Supreme Court ◽

The Russian Federation ◽

The Right

Considering the right of the insolvency officer to involve other persons, including employees of the debtor, to ensure his powers, the article examines the possibility of bringing the officer to civil and legal liability in the form of recovering damages for actions (inaction) of such persons. It summarizes and analyzes the judicial practice at the level of the Arbitration District Courts and the Judicial Panel on Economic Disputes of the Supreme Court of the Russian Federation. A conclusion is made of admissibility in certain cases of bringing the insolvency officer to civil and legal liability for the actions of the persons involved by him. The illegal behavior and the fault of the insolvency officer can be expressed in improper control over the actions (inactions) of third parties, in selecting an incompetent person. The article offers to regulate at the legislative level the issue of the possibility of bringing the insolvency officer to liability for actions of other persons, by including such rules in the Bankruptcy Law.

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The Impact of Personal Bankruptcy Law on Entrepreneurship

SSRN Electronic Journal ◽

10.2139/ssrn.1700804 ◽

2010 ◽

Cited By ~ 5

Author(s):

Ye (George) Jia

Keyword(s):

Bankruptcy Law ◽

Personal Bankruptcy ◽

The Impact

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

The Journal of Psychiatry & Law ◽

10.1177/009318538301100103 ◽

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.

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