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Chargement... Debt's Dominion: A History of Bankruptcy Law in Americapar David A. Skeel
   Aucun Actuellement, il n'y a pas de discussions au sujet de ce livre.  Floyd3345 | Sep 19, 2019 |  aucune critique | ajouter une critique
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. Aucune description trouvée dans une bibliothèque |
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 Google Books — Chargement...GenresClassification décimale de Melvil (CDD)346.7307Social sciences Law Private Law North America United StatesClassification de la Bibliothèque du CongrèsÉvaluationMoyenne: (3.5)
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Debt’s Dominion by David A Skeel Jr discusses those events and influences through five major periods of time. The book starts out with 1898. Prior to this year, a number of attempts were made to pass legislation on Bankruptcy, but they were all repealed. With the lack of Federal input or powers, the individual states were forced to have their own insolvency laws, but they ran into issues with jurisdiction when someone could run to another state and avoid being punished. So the first chapter focuses on why this particular series of laws worked when none of the previous ones did.
I don’t know much about Bankruptcy Law. I know that you have to file for it and it costs money to do so. I know that there are several different levels of protection based on what you are and how much you are able to pay or something. I picked this book up because it seemed interesting. It is relatively short, but the font is pretty small so that makes up for it. The book was initially printed in 2001, so it might be a bit dated. I never needed to file for Bankruptcy, and don’t really follow the field. There might have been some things that were added due to the Enron debacle and the entire series of events with the 2008 Housing Bubble. There were massive changes due to the 1929 Stock Market Crash so it only stands to reason that they might have done something similar.
Despite my initial misgivings, this book was really informative.
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