Insolvency Debt in UK Law

  • Preventive Debt Restructuring and the Nigerian Draft Insolvency Legislation: Lessons from a Comparative Perspective
    • No. , February 2020
    • African Journal of International and Comparative Law
    • 66-84
  • The legal consequences of sovereign insolvency – a review of creditor litigation in Germany following the Greek debt restructuring
    • No. 24-3, June 2017
    • Maastricht Journal of European and Comparative Law
    This article analyses three seminal instances of bondholder litigation before German municipal courts following the Greek sovereign debt restructuring of 2012. While the haircut imposed on private ...
  • Making Sense of the Numbers: The Shift from Non‐consensual to Consensual Debt Relief and the Construction of the Consumer Debtor
    • No. 46-2, June 2019
    • Journal of Law and Society
    This article analyses trends in the number of individual insolvency proceedings in England and Wales, particularly a shift from non‐consensual debt relief to consensual Individual Voluntary Arrange...
    ... ... Debt Relief and the Construction of the Consumer Debtor Katharina MÎser* This article analyses trends in the number of individual insolvency proceedings in England and Wales, particularly a shift from non- consensual debt relief to consensual Individual Voluntary Arrange- ments (IVAs) and, ... ...
  • Wrongful Trading: An Impotent Remedy?
    • No. 4-1, March 1996
    • Journal of Financial Crime
    • 38-46
    Improved creditor and community protection seemed attainable goals when Professor Daniel Prentice described s. 214 of the Insolvency Act (‘s. 214’) as ‘one of the most important developments in com...
    ...Journal of Financial Crime — Vol. 4 No. 1 — Insolvency INSOLVENCY Wrongful Trading: An Impotent Remedy? Richard Schulte ... An honest director could not be liable for a company's debt despite reckless, unreasonable and cavalier business practices.3 ... ...
  • Seeking Shelter in Personal Insolvency Law: Recession, Eviction, and Bankruptcy's Social Safety Net
    • No. 44-3, September 2017
    • Journal of Law and Society
    Many legal systems understand consumer insolvency laws as social insurance, providing relief and a ‘fresh start’ to over‐indebted households who fall through gaps in the social safety net. Personal...
    ... ... England and Wales in practice functions similarly, but in terms of legal principle and policy is ambivalent ± sometimes emphasizing household debt relief, other times creditor wealth maximization. This article assesses, in the context of novel debt prob- lems brought to prominence by recession ... ...
  • The Quiet‐Loud‐Quiet Politics of Post‐Crisis Consumer Bankruptcy Law: The Case of Ireland and the Troika
    • No. 81-5, September 2018
    • The Modern Law Review
    A decade after the Global Financial Crisis, many developed economies continue to strain under excessive household debt. This article presents evidence suggesting that the failure of policymakers to...
    ... ... many developed economies continue to strain under excessive household debt. This article presents evidence suggesting that the failure of ... Post-crisis popular interest in technical issues of personal insolvency law created only a narrow space of political opportunity ... Soon these ... ...
  • Dealing with Insolvency and Indebted Individuals in Respect to Law and Morality
    • No. 9-2, June 2000
    • Social & Legal Studies
    This article is focused on the social and moral problems of insolvency and indebtedness, presenting and analysing the legal structure of the Swedish Act (1994) of Reconstruction of Insolvency. The ...
    ... ... The clearing of the debt must be pointed out as fair and proved, through the quality of effort and sacrifice. I NTRODUCTION : A D URKHEIMIAN C ONTRIBUTION T HIS ARTICLE IS ... ...
  • The German consumer bankruptcy law and moral hazard – the case of indebted immigrants
    • No. 28-2, March 2020
    • Journal of Financial Regulation and Compliance
    • 161-181
    Purpose: The purpose of this paper is to investigate to what extent the increased insolvency filings by migrants since the enactment of the consumer insolvency law in 1999 is associated with moral ...
    ... ... of this paper is to investigate to what extent the increased insolvency filings bymigrants since the enactment of the consumer insolvency law in ... may take place.Quantitative data were gathered tounderstand the debt profile of migrant debtors, types of liabilities and ... ...
  • The jailhouse divergence: Why debtors’ prisons disappeared in 19th century Europe and flourished in West Africa
    • No. 24-5, December 2022
    • Punishment & Society
    It has been argued that the debtors’ prison was abolished in 19th century Europe and North America because the institution contradicted the principles of modern capitalism; by confining debtors for...
    ... ... ,this system proved crucial to the spread of mercantile capitalism; debt inmates werereleased within a week and creditors were repaid in full ... belief in homo economicus as the ‘self-made man’portrayed insolvency as an indi-vidual failure. The European nuclear family also reduced the ... ...
  • The jailhouse divergence: Why debtors’ prisons disappeared in 19th century Europe and flourished in West Africa
    • No. 24-5, December 2022
    • Punishment & Society
    It has been argued that the debtors’ prison was abolished in 19th century Europe and North America because the institution contradicted the principles of modern capitalism; by confining debtors for...
    ... ... ,this system proved crucial to the spread of mercantile capitalism; debt inmates werereleased within a week and creditors were repaid in full ... belief in homo economicus as the ‘self-made man’portrayed insolvency as an indi-vidual failure. The European nuclear family also reduced the ... ...
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