A Treatise on the Bankruptcy Law of the United States

1911 ◽  
Vol 16 (12) ◽  
pp. 960
Author(s):  
Harold Remington
Keyword(s):  
United States ◽  
The United States ◽  
Bankruptcy Law

scholarly journals The role of path dependence in the development of US bankruptcy law, 1880–1938

2007 ◽  
Vol 3 (2) ◽  
pp. 203-225 ◽  
Author(s):  
BRADLEY A. HANSEN ◽  
MARY ESCHELBACH HANSEN
Keyword(s):  
United States ◽  
Interest Groups ◽  
Path Dependence ◽  
The United States ◽  
Bankruptcy Law ◽  
Dependent Process ◽  
Path Dependent ◽  
Path Dependent Process ◽  
Political Compromises

Abstract:We illustrate mechanisms that can give rise to path dependence in legislation. Specifically, we show how debtor-friendly bankruptcy law arose in the United States as a result of a path dependent process. The 1898 Bankruptcy Act was not regarded as debtor-friendly at the time of its enactment, but the enactment of the law gave rise to changes in interest groups, changes in beliefs about the purpose of bankruptcy law, and changes in the Democratic Party's position on bankruptcy that set the United States on a path to debtor-friendly bankruptcy law. An analysis of the path dependence of bankruptcy law produces an interpretation that is more consistent with the evidence than the conventional interpretation that debtor-friendliness in bankruptcy law began with political compromises to obtain the 1898 Bankruptcy Act.

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.

scholarly journals The United States Bankruptcy Law of 1898

1900 ◽  
Vol 9 (7) ◽  
pp. 287
Author(s):  
Henry G. Newton
Keyword(s):  
United States ◽  
The United States ◽  
Bankruptcy Law

The United States Bankruptcy Law of 1898 with Amendments of 1903

1903 ◽  
Vol 12 (5) ◽  
pp. 338
Author(s):  
S. W. E. ◽  
H. Noyes Greene
Keyword(s):  
United States ◽  
The United States ◽  
Bankruptcy Law

scholarly journals The Retreat of American Bankruptcy Law

2017 ◽  
Vol 17 (1) ◽  
pp. 40
Author(s):  
Jay Westbrook
Keyword(s):  
United States ◽  
21St Century ◽  
Empirical Studies ◽  
The United States ◽  
Bankruptcy Law ◽  
Collection Device ◽  
Consumer Bankruptcy ◽  
First Time ◽  
Reduction Of Costs

In 2005 the United States adopted provisions constraining the bankruptcy ‘fresh start’ for the first time in its history. This paper describes the experience under the 2005 amendments over the decade since their enactment, including the data reported by empirical studies of their effects. It suggests a reappraisal of the goals of consumer bankruptcy law in the 21st century, including the simplification and reduction of costs that would arise from abandoning the idea that bankruptcy law should be used as a collection device for professional creditors in consumer cases. It discusses various possible approaches for a new reform while emphasising the importance of the continuing role of lawyers and courts in the consumer bankruptcy process.  

scholarly journals Debtor’s and creditor’s stronghold: Bankruptcy chapter 7, 11 & 13

2019 ◽  
Vol 3 (1) ◽  
pp. 6-16
Author(s):  
Faith Cajudo Orillaza
Keyword(s):  
United States ◽  
Chief Executive ◽  
The United States ◽  
Bankruptcy Law ◽  
Common Denominator ◽  
United States Congress ◽  
Financial Ratio ◽  
Different Types ◽  
The Common ◽  
Bankruptcy Code

Bankruptcy law is created to protect debtors from the hands of creditors. This law ensures creditors repay loans by engaging in a particular process. The United States Congress has enacted a decree governing bankruptcy in the form of the Bankruptcy Code. The different types of bankruptcy will be referred to in this article by their chapters: Chapter 7, 11 and 13 (Justia, 2019). This article will identify the differences between these three chapters, their objectives, as well as the advantages and repercussions of each. Further, the non-dischargeable debts, recommendable actions for the filers, numbers of petitioners who have undergone bankruptcy cases, the financial ratio of the petitioners, the common denominator on the filers, and the methodology performed by the chief executive officer (CEO) of the four companies, Coldwater Creek, Kmart, SEARS and Toys “R” Us, will be analyzed. Additionally, the design and methodology for reviving each company that were implemented and applied by each CEO will be examined, and the reasons they were proven ineffective will be offered. By investing more, borrowing can become essential and, liabilities can grow beyond what could be repaid. This results in the filing of bankruptcy for protection from creditors.

scholarly journals Reform of Plan Termination in Suspension of Debt Payment Obligations (PKPU) in Indonesia

Yuridika ◽  
2021 ◽  
Vol 36 (3) ◽  
pp. 639
Author(s):  
Farih Romdoni Putra
Keyword(s):  
United States ◽  
United States Of America ◽  
Research Method ◽  
The United States ◽  
Comparative Approach ◽  
Bankruptcy Law ◽  
Legal Certainty ◽  
Debt Payment

The bankruptcy law exists to ensure justice for both creditors and debtors. This research aims at identifying matters needed to be reformed in bankruptcy law in Indonesia to create justice for creditors and debtors. Specifically, this research focused on the provisions of the termination of a plan achieved from the suspension of debt payment obligations (“PKPU”). This research was conducted using a normative juridical research method with a conceptual and comparative approach. The author examined the bankruptcy laws in Indonesia, evaluated several cases of plan termination in PKPU occurring in Indonesia, and later compared the rules in the bankruptcy laws applied in the United States of America, Netherlands, and Singapore Results of this study indicated that the provisions for plan termination in the bankruptcy law do not protect the debtors’ interests. From the termination plan cases in Indonesia, it was also found that there were confusions in the bankruptcy law in Indonesia in which it did not provide legal certainty for both debtors and creditors. The comparison between the bankruptcy laws in Indonesia to the bankruptcy laws in the United States of America, Netherlands, and Singapore also shows that the reform of bankruptcy law in Indonesia needs to be carried out to create flexibility for the implementation of the plan. These findings are discussed further in this article.

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