Consumer Bankruptcy: A Right or a Privilege? The Role of the Courts in Establishing Moral Standards of Economic Conduct

Graver, Hans Petter

doi:10.1023/a:1006882617499

Cited by 13 publications

(6 citation statements)

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“…Bjork's argument is complemented by examining the debt adjustment system in the Scandinavian context, a contradictory mixture of ‘social welfare and moral conservatism’ (Graver ; Niemi‐Kiesilainen ; Ramsay ). While the debt adjustment system in Sweden follows a social democratic logic, including ‘social debt counseling … to ensure full social reintegration’ (Ramsay , p. 433), access to this system is very limited.…”

Section: Comparative Analysismentioning

confidence: 99%

Regulation as Social Policy: Home Evictions and Repossessions in the Uk and Sweden

Haber

2015

Public Administration

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This article asks how the UK and Sweden regulate, prevent, or mitigate the consequences of mortgage‐related household eviction and repossession. Contrary to initial expectations, the findings show a growth and diversity in both regulation and social spending in the UK intended to address this social issue; something that has not occurred in Sweden. In the UK's liberal ‘regulatory welfare regime’, the aim is to prevent the eviction and repossession of vulnerable borrowers who have defaulted on their housing loan. In the Swedish social democratic ‘regulatory welfare regime’, effort focuses instead on minimizing the risk of default before it occurs rather than after the fact. These findings offer a more nuanced understanding of the relations between regulation and welfare more generally, demonstrating that regulation may be used as a form of social policy once the welfare state has failed, as a safety net of last resort.

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Section: Comparative Analysismentioning

confidence: 99%

Regulation as Social Policy: Home Evictions and Repossessions in the Uk and Sweden

Haber

2015

Public Administration

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“…The conditions are that the personal debtor is hopelessly indebted and that the proceedings are warranted by the circumstances of the debtor. Similar conditions apply in Sweden (Graver 1997). The latter also notes that in Norway, legal provisions pertain to 'permanent' incapacity to repay.…”

Section: Insolvencymentioning

confidence: 89%

“…Forms of negotiation with creditors vary. There may be a process of proposals and voting, as in Denmark (Wessels 1997); rejection of debtor proposals by creditors may be refereed by the court, as in Norway (Graver 1997); a courtappointed committee may referee the process, as in France (Huls 1997). It has also been suggested that negotiations be relatively informal, through dispute resolution or debt counseling services (Huls 1997).…”

Section: Negotiation and Partial Repayment From Incomementioning

confidence: 99%

“…Prior to the Norwegian Act, implemented in 1993, traditional bankruptcy proceedings also did not involve discharge of debt. The new law permits discharge, but stipulates that it be granted only once in a lifetime (Graver 1997). The one-time restriction is also implicit within the moral considerations for eligibility in some cases.…”

Section: The Automatic Stay and Debt Dischargementioning

confidence: 99%

“…Huls 1997), as well as debates over the effects of objective rules versus discretion by the court (e.g. Graver 1997). Niemi-Kiesilainen 1997 suggests that gatekeepers in Norway restrict growth in bankruptcy incidence, relative to Finland, in which there is no pre-court procedure.…”

Section: Proposition 1: Marginal Changes In Bankruptcy Lawmentioning

confidence: 99%

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Personal Liabilities and Bankruptcy Reform: An International Perspective

Alexopoulos

Domowitz

1998

International Finance

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We document international changes in bankruptcy law pertaining to personal liabilities. Implications are investigated within a theoretical model, focusing on interest rates, employment, and bankruptcy incidence. Small-firm employment rises as bankruptcy law becomes more stringent, but interest rates may increase. A tightening of bankruptcy law may not decrease bankruptcy probabilities, except in the stark case of no debt discharge. Strict rules pertaining to debt repayment are desirable, as opposed to court or pre-court discretion. Pending international agreements with respect to cross-border insolvency may lower interest rates, but do not necessarily imply a decrease in bankruptcy incidence.

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Between Neo-Liberalism and the Social Market: Approaches to Debt Adjustment and Consumer Insolvency in the EU

Ramsay

2012

J Consum Policy

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Consumer Bankruptcy: A Right or a Privilege? The Role of the Courts in Establishing Moral Standards of Economic Conduct

Cited by 13 publications

References 0 publications

Regulation as Social Policy: Home Evictions and Repossessions in the Uk and Sweden

Regulation as Social Policy: Home Evictions and Repossessions in the Uk and Sweden

Personal Liabilities and Bankruptcy Reform: An International Perspective

Between Neo-Liberalism and the Social Market: Approaches to Debt Adjustment and Consumer Insolvency in the EU

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