From dismemberment to discharge: the origins of modern American bankruptcy law
Article Abstract:
A national US bankruptcy law was not enacted until 1898, although some 18th century Americans had advocated an English-style law. American colonists preferred allowing voluntary petitions and making discharge rights available to all debtors, features absent from the involuntary English system that favored the trader class and forced debtors into prisons. Several attempts to write a US code failed due to lack of agreement. English statutes, developed in the period between 1542 and 1732, were the model used by the drafters of the Constitution's bankruptcy clause.
Publication Name: Commercial Law Journal
Subject: Law
ISSN: 0010-3055
Year: 1995
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Caught in a cycle of neglect: the accuracy of bankruptcy statistics
Article Abstract:
National bankrupty statistics, particularly unpublished statistics, are filled with errors and inaccuracies, a flaw undermining accurage analysis of the overall bankruptcy picture. Filer errors are the biggest problem, but clerks' errors, underreported business filings, and processing and demographic errors are also numerous. Potential solutions include computerized filings, face sheet revisions, and the use of deficiency notices to collect missing data.
Publication Name: Commercial Law Journal
Subject: Law
ISSN: 0010-3055
Year: 1996
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Gender and bankruptcy: an empirical analysis of evolving trends in Chapter 7 and Chapter 13 bankruptcy filings 1967-1997
Article Abstract:
Demonstrable patterns exist as between the filings of bankruptcies by men, women and jointly by married persons. Looking at data from Nebraska during the sixties, joint filings were the most common followed by filings by men then filings by women. In the nineties joint filing are still the most common, but their proportion is more closely matched by the other tow categories. As well women in the nineties file for Chapter 7 bankruptcies than men.
Publication Name: Commercial Law Journal
Subject: Law
ISSN: 0010-3055
Year: 1997
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- Abstracts: Disgorgement of fees paid to a professional person in bankruptcy. Dismissal of cases via 11 U.S.C. section 707: bad faith and substantial abuse
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