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Americans now depend more heavily upon credit than any other society on Earth, or any other time in history. Borrowing has become a way of life for millions of families, and it is hard to imagine a time when charge accounts did not exist. Nonetheless, it would be a mistake to assume that, because a wallet filled with plastic instead of cash is a relatively new phenomenon, Americans have not been borrowers and lenders since the colonization of the New World. Author Peter J. Coleman proves otherwise. In one Form or another -- notes of hand, book credit, commercial paper, mortgages, land contracts -- settlers borrowed to pay their passage from Europe, to buy and clear land, to build and operate mills, to purchase slaves, and to gamble and drink. Debtors' prison awaited those who could not pay their debts, and a pauper's grave received the unfortunate who lacked the private means to feed and clothe himself in prison. While the debtors' prisons described in this book no longer exist, the author maintains that our credit-oriented society has yet to devise cheap, efficient, equitable, and humane methods of enforcing contracts for debt.
A careful analysis of the fundamentals of bankruptcy law.
Debt was an inescapable fact of life in early America. At the beginning of the eighteenth century, its sinfulness was preached by ministers and the right to imprison debtors was unquestioned. By 1800, imprisonment for debt was under attack and insolvency was no longer seen as a moral failure, merely an economic setback. In Republic of Debtors, authorBruce H. Mann illuminates this crucial transformation in early American society.
The fundamental ethical problem in bankruptcy is that insolvents have promised to pay their debts but can not keep their promise. The Ethics of Bankruptcy examines the morality of bankruptcy. The author compares and contrasts the Humean doctrine of promises as useful conventions with the Kantian view of autonomous agency constituting promissory obligations; he explores ethical concerns raised by forgiveness, utilitarianism and distributive justice and the moral aspects of insolvents' contractual, fiduciary, tortious and criminal liability. Finally, the author assesses recent bankruptcy law reforms. Bankruptcies severly hurt creditors and society. For the insolvents and their families the experience is painful and stigmatising, yet philosophers have paid little attention to the moral aspects of this violent social phenomenon. The Ethics of Bankruptcy is the first comprehensive study that employs the tools of ethics to examine the controversies surrounding insolvency, which makes valuable and sometimes controversial reading in a decade recovering from the Recession.
Using a hands-on approach, this text bridges the difference between understanding bankruptcy concepts and applying them with confidence. Broad coverage includes bankruptcy law, debt creation, secured transactions, the law of liens, and debt collection. The Fourth Edition of The ABCs of Debt: A Case Study Approach to Debtor/Creditor Relations and Bankruptcy Law has been substantively revised to enable more efficient and focused instruction and to make it easier to cover the material in a single semester. Major new features for this edition include Highlighted Cases followed by Real-Life Application Exercises, Key Concepts that now appear at the beginning of each chapter, and Entertaining Information Box feature. Major new features for this edition include: Highlighted Cases followed by Real-Life Application Exercises Key Concepts that now appear at the beginning of each chapter Entertaining Information Box feature Substantive revision to enable more efficient and focused instruction and to make it easier to cover the material in a single semester: Pre-bankruptcy chapters streamlined with some material moved to the To Learn More feature located on the companion website for optional use by the instructor Shifted emphasis to highlight the important consumer/business bankruptcy distinction Forms for the three bankruptcy case studies comply with the important December 2015 amendments and dollar amounts for Bankruptcy Code provisions subject to the triennial dollar adjustment mandate of §104 revised as of April 1, 2016. Updates include discussion of every bankruptcy decision of the U.S. Supreme Court announced since the last edition: Bank of America, N.A., v. Caulkett; Law v. Siegel; Harris v. Viegelahn; Executive Benefits Ins. Agency v. Arkison, and Wellness International Network, Ltd., v. Sharif ; Husky Int’l Electronics, Inc. v. Ritz Numerous citations of new lower court decisions resulting from the 2005 BAPCPA amendments to the bankruptcy code