Bankruptcy in United States History
Author : Charles Warren
Publisher : Beard Books
Page : 212 pages
File Size : 30,52 MB
Release : 1999
Category : Business & Economics
ISBN : 9781893122161
Author : Charles Warren
Publisher : Beard Books
Page : 212 pages
File Size : 30,52 MB
Release : 1999
Category : Business & Economics
ISBN : 9781893122161
Author : David A. Skeel Jr.
Publisher : Princeton University Press
Page : 296 pages
File Size : 40,42 MB
Release : 2014-04-24
Category : Business & Economics
ISBN : 1400828503
Bankruptcy in America, in stark contrast to its status in most other countries, typically signifies not a debtor's last gasp but an opportunity to catch one's breath and recoup. Why has the nation's legal system evolved to allow both corporate and individual debtors greater control over their fate than imaginable elsewhere? Masterfully probing the political dynamics behind this question, David Skeel here provides the first complete account of the remarkable journey American bankruptcy law has taken from its beginnings in 1800, when Congress lifted the country's first bankruptcy code right out of English law, to the present day. Skeel shows that the confluence of three forces that emerged over many years--an organized creditor lobby, pro-debtor ideological currents, and an increasingly powerful bankruptcy bar--explains the distinctive contours of American bankruptcy law. Their interplay, he argues in clear, inviting prose, has seen efforts to legislate bankruptcy become a compelling battle royale between bankers and lawyers--one in which the bankers recently seem to have gained the upper hand. Skeel demonstrates, for example, that a fiercely divided bankruptcy commission and the 1994 Republican takeover of Congress have yielded the recent, ideologically charged battles over consumer bankruptcy. The uniqueness of American bankruptcy has often been noted, but it has never been explained. As different as twenty-first century America is from the horse-and-buggy era origins of our bankruptcy laws, Skeel shows that the same political factors continue to shape our unique response to financial distress.
Author : Mary Eschelbach Hansen
Publisher : University of Chicago Press
Page : 237 pages
File Size : 26,47 MB
Release : 2020-02-05
Category : Business & Economics
ISBN : 022667973X
In 2005, more than two million Americans—six out of every 1,000 people—filed for bankruptcy. Though personal bankruptcy rates have since stabilized, bankruptcy remains an important tool for the relief of financially distressed households. In Bankrupt in America, Mary and Brad Hansen offer a vital perspective on the history of bankruptcy in America, beginning with the first lasting federal bankruptcy law enacted in 1898. Interweaving careful legal history and rigorous economic analysis, Bankrupt in America is the first work to trace how bankruptcy was transformed from an intermittently used constitutional provision, to an indispensable tool for business, to a central element of the social safety net for ordinary Americans. To do this, the authors track federal bankruptcy law, as well as related state and federal laws, examining the interaction between changes in the laws and changes in how people in each state used the bankruptcy law. In this thorough investigation, Hansen and Hansen reach novel conclusions about the causes and consequences of bankruptcy, adding nuance to the discussion of the relationship between bankruptcy rates and economic performance.
Author : Bruce H Mann
Publisher : Harvard University Press
Page : 353 pages
File Size : 20,32 MB
Release : 2009-06-30
Category : History
ISBN : 0674040546
Debt was an inescapable fact of life in early America. At the beginning of the eighteenth century, its sinfulness was preached by ministers and the right to imprison debtors was unquestioned. By 1800, imprisonment for debt was under attack and insolvency was no longer seen as a moral failure, merely an economic setback. In Republic of Debtors, authorBruce H. Mann illuminates this crucial transformation in early American society.
Author : Sebastian Edwards
Publisher : Princeton University Press
Page : 288 pages
File Size : 27,84 MB
Release : 2019-09-10
Category : Business & Economics
ISBN : 0691196044
The untold story of how FDR did the unthinkable to save the American economy.
Author : Elizabeth Lee Thompson
Publisher : University of Georgia Press
Page : 228 pages
File Size : 10,19 MB
Release : 2004
Category : Law
ISBN : 9780820326245
Based on a careful empirical study of nearly four thousand cases filed in three southern federal districts, this book focuses on how the Bankruptcy Act of 1867 helped shape the course and outcome of Reconstruction. Although passed by a Republican-dominated Congress that was commonly viewed as punitive toward the post-Civil War South, the Bankruptcy Act was a great benefit to southerners. In this first study of the operation of the 1867 Act, Elizabeth Lee Thompson challenges previous works, which maintain that nineteenth-century southerners uniformly opposed federal bankruptcy laws as threatening extensions of federal power. To the contrary, Thompson finds that southerners, faced with the war’s devastation, were more likely to file for bankruptcy than debtors in other parts of the country. The Act thus was the major piece of federal economic legislation that benefited southerners during Reconstruction. Thompson determines that because the vast majority of the Bankruptcy Act’s southern beneficiaries were propertied white men, the legislation served to stabilize and entrench the postwar economic--and thus social and political--power of the sector that included those who were recently leading secessionists and Confederates. Their participation in a federal process, through federal tribunals, during an era of intense white southern opposition to policies emanating from Washington reveals the complex interaction of states' rights ideology and self-interest. However, Thompson shows, white southerners ultimately sacrificed neither in relation to the Bankruptcy Act. After thousands had received economic relief through the statute and the number of filings had slowed to a trickle, southern congressmen supported the Act’s repeal in 1878.
Author : Charles WARREN (of the Boston Bar.)
Publisher :
Page : pages
File Size : 27,45 MB
Release : 1935
Category :
ISBN :
Author : Thomas Max Safley
Publisher : Routledge
Page : 258 pages
File Size : 36,37 MB
Release : 2013
Category : Business & Economics
ISBN : 0415687306
Always a natural companion to capitalism, bankruptcy has become much more prevalent in the public consciousness since the global financial crisis. This volume, from an international set of scholars, focuses on bankruptcy in early modern Europe, when its frequency made it not only an economic problem but the great personal and social tragedy it has become.
Author : Peter C. Fusaro
Publisher : John Wiley & Sons
Page : 258 pages
File Size : 11,96 MB
Release : 2002-10-01
Category : Business & Economics
ISBN : 0471423254
An easy answer guide to the difficult questions surrounding Enron What Went Wrong at Enron explains the critical steps, transactions, and events that led to the demise of a company that was once considered one of the most innovative corporations in the United States. Energy risk management expert Peter Fusaro gets inside Enron and provides a coherent account of the who, why, where, and when of this corporate debacle, without sacrificing the complexity of what has happened. Enron has been front-page news for months, but confusion still remains about what actually happened. What Went Wrong at Enron is written for readers who find themselves wondering what exactly is an energy trading company, what was the sequence of events that caused the largest corporate bankruptcy in U.S. history, and what does this all mean for me.
Author : Peter J. Coleman
Publisher : Beard Books
Page : 322 pages
File Size : 44,98 MB
Release : 1999
Category : Business & Economics
ISBN : 189312214X
Americans now depend more heavily upon credit than any other society on Earth, or any other time in history. Borrowing has become a way of life for millions of families, and it is hard to imagine a time when charge accounts did not exist. Nonetheless, it would be a mistake to assume that, because a wallet filled with plastic instead of cash is a relatively new phenomenon, Americans have not been borrowers and lenders since the colonization of the New World. Author Peter J. Coleman proves otherwise. In one Form or another -- notes of hand, book credit, commercial paper, mortgages, land contracts -- settlers borrowed to pay their passage from Europe, to buy and clear land, to build and operate mills, to purchase slaves, and to gamble and drink. Debtors' prison awaited those who could not pay their debts, and a pauper's grave received the unfortunate who lacked the private means to feed and clothe himself in prison. While the debtors' prisons described in this book no longer exist, the author maintains that our credit-oriented society has yet to devise cheap, efficient, equitable, and humane methods of enforcing contracts for debt.