Contemporary Issues in Consumer Bankruptcy

Over-indebtedness is a serious problem that contributes to health problems and social exclusion. With examples from Germany, Portugal, Canada, Japan, South Africa, the Netherlands and Sweden, this book argues that legal relief may have different forms, from judicial debt adjustment to consumer protection and regulation of debt enforcement.

The economic crisis hit individuals and households hard. Not surprisingly, it took a long time before people took to the streets; research shows that debtors with serious debt problems tend to suffer quietly. This book provides empirical information and profiles of debtors who have filed bankruptcy or debt adjustments because of serious debt problems. Previous research demonstrated that unemployment and health problems contribute to over-indebtedness. This book suggests that it is also the other way round: debt also contributes to ill-health. It also shows that relief is possible. With examples of debt adjustment laws in Sweden, the Netherlands and Austria and consumer protection in Japan and South Africa, the book argues that legal systems can and should help over-indebted households.

Autorentext

Wolfram Backert currently works with the German Bundestag's Study Commission on Growth, Wellbeing and Quality of Life.
Susan Block-Lieb is the Cooper Family Professor of Law at Fordham University where she teaches and writes on issues of insolvency, consumer finance and other commercial laws.
Johanna Niemi, LLD, is a professor and vice-dean at the Faculty of Law, University of Helsinki. Besides insolvency, her scholarly interests include procedural law and gender studies in law.

Inhalt
Contents: Johanna Niemi: Never too Small to Fail: Insolvency of Consumers as an International Concern Nick Huls/Nadja Jungman: Regulation and Self-regulation in the Fight against Over-indebtedness in the Netherlands: A Sociolegal and Economic Analysis Annina Persson: The New Swedish Debt Relief Act Georg E. Kodek: Fourteen Years of Consumer Bankruptcy in Austria Michelle Kelly-Louw: South African Homeowners Are Not Protected against Various Interest Rates Hikes Souichiroun Kozuka: Punishing the Lender for Who's Sake? Impacts of the New Case Law and Follow-ups to the 2006 Reform of the Consumer Credit Regulation in Japan Michael Knobloch: Unemployment and Over-indebtedness in Germany Cláudia Abreu Lopes/ Catarina Frade/Fernanda Jesus: The Ultimate Victims of the Economic Crisis: A Portrait of Portuguese Overburdened Families Eva Münster/Ulrike Zier/ Heiko Rüger/Stephan Letzel: Over-indebtedness, Health and Social Network Stephanie Ben-Ishai/Saul Schwartz/Jeremy Barretto: The Role of Government as a Creditor of the Disadvantaged.