Comparative Consumer Insolvency Regimes A Canadian Perspective

by Ziegel, Jacob S

• ISBN13: 9781841132723
• ISBN10: 1841132721
• Format: Hardcover
• Copyright: 2003-09-01
• Publisher: Hart Publishing

Summary

All modern legal systems with advanced economies must address the question of how to respond to the needs of insolvent consumers whose burden of debt greatly exceeds their capacity to repay within a reasonable time frame. This study surveys comparatively the insolvency regimes currently in place or likely to be adopted in the foreseeable future in Canada,the United States, Australia, England and Wales, Scotland, Scandinavia and a representative group of Western countries on the continent of Europe. Modern legal systems have two basic alternatives in providing relief for over-committed consumers. The first, which involves restricting the enforcement of individual creditor remedies is a method with which this study is not concerned. Where the consumer is seriously insolvent and owes money to many creditors, a different approach is required -- a collective solution to debtor s problems and this, the solution provided by modern insolvency systems, is the focus of this study.

Author Biography

Jacob S. Ziegel is Professor of Law Emeritus in the Faculty of Law at the University of Toronto.

Table of Contents

Table of Abbreviations
Table of Cases
Table of Legislation
Introduction	p. 1
Purpose of Study	p. 3
Country Surveys	p. 11
Canada	p. 13
United States	p. 53
Australia	p. 93
England and Wales	p. 109
Scotland	p. 129
Scandinavia and Continental Countries of Western Europe	p. 135
Assessing the Various Insolvency Regimes and Suggestions for Changes	p. 145
Assessment and Suggestions for Changes	p. 145
Bibliography	p. 169
Index	p. 181
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