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Author: Jukka Kilpi
Publisher: Routledge
ISBN: 1134694431
Category : Philosophy
Languages : en
Pages : 248
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Book Description
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.
Author: Jukka Kilpi
Publisher: Routledge
ISBN: 1134694431
Category : Philosophy
Languages : en
Pages : 248
Get Book
Book Description
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.
Author: Michael O'Brien
Publisher:
ISBN: 9781473997837
Category : Bankruptcy
Languages : en
Pages :
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Book Description
Students are increasingly familiar with the burden of debt for higher education. This case depicts the financial struggles of Nancy Lewellen, a woman who decided to quit her job to attend law school in mid-life. Ms. Lewellen borrowed money to obtain her law degree and worked for a law firm upon graduation. While working for the firm, she earned a sufficient income to make payments on her student loan debts and cover her costs of living with her adult disabled daughter. When Ms. Lewellen was laid off, she found herself scrambling to pay her bills. The struggle seemed perpetual and Ms. Lewellen considered bankruptcy as a result. This case study is based on Ms. Lewellen v. Access Group (2010), and questions the legal, financial, and ethical implications of Ms. Lewellens bankruptcy claims. The ethical framework of bankruptcy surrounded the issues in Ms. Lewellens case both before and after the judge ruled.
Author: John R. Sutherland
Publisher: Herald Press (VA)
ISBN:
Category : Business & Economics
Languages : en
Pages : 180
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Book Description
John R. Sutherland describes bankruptcy's economic toll. Taking into account both Canadian and U.S. legislation, he explains what bankruptcy is, what causes it, and how to avoid it. Bankruptcy leaves in tatters feelings of self-worth and right standing before God. Going Broke explores such emotional and spiritual wounds. It also suggests ways to minister to persons devastated by bankruptcy. Sutherland probes the ethics of bankruptcy. He carefully studies general business ethics and biblical principles. Then he shows how they help clarify whether or not bankruptcy is ethical.
Author: American Bar Association. Business Bankruptcy Committee
Publisher: American Bar Association
ISBN: 9781639050192
Category : Bankruptcy
Languages : en
Pages : 0
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Book Description
A practical resource for novice and seasoned bankruptcy lawyers, this second edition includes recent case law and substantial updates. It provides an understanding of the bankruptcy claims process, rights and duties of debtors and creditors, priority scheme, the objection process, and grounds for challenging discharge of a particular claim. Includes legal analysis and answers important questions.
Author: Martin A. Frey
Publisher:
ISBN: 9780314001917
Category : Law
Languages : en
Pages : 700
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Book Description
Author:
Publisher:
ISBN: 9780662619918
Category : Bankruptcy
Languages : en
Pages : 4
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Book Description
Author: Paul Bureau
Publisher:
ISBN:
Category : France
Languages : en
Pages : 570
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Book Description
Author: Charles Jordan Tabb
Publisher:
ISBN: 9781634599276
Category : Bankruptcy
Languages : en
Pages : 0
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Book Description
"[This book provides an] analysis and discussion of every aspect of bankruptcy law, including an overview of bankruptcy; invoking bankruptcy relief (with a very detailed explanation of the means test); the automatic stay; jurisdiction and procedure; property of the estate; trustee's avoiding powers; payment of claims; executory contracts and unexpired leases; exemptions; discharge; reorganization under Chapter 11; debt adjustments under Chapter 13; debt adjustments under Chapter 12; and cross-border cases under chapter 15. The 2005 BAPCPA amendments and the extensive case law thereunder are explained and critiqued. All relevant Supreme Court cases through the 2015 Term are discussed in depth, including, for example, Stern, Wellness, Arkison, Caulkett, Schwab, Ransom, Lanning, Baker Botts, and many more."--
Author: Douglas G. Baird
Publisher: Aspen Publishers
ISBN:
Category : Business & Economics
Languages : en
Pages : 212
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Book Description
Author: Virginia Torrie
Publisher: University of Toronto Press
ISBN: 1487534132
Category : History
Languages : en
Pages : 317
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Book Description
Reinventing Bankruptcy Law explodes conventional wisdom about the history of the Companies’ Creditors Arrangement Act and in its place offers the first historical account of Canada’s premier corporate restructuring statute. The book adopts a novel research approach that combines legal history, socio-legal theory, ideas from political science, and doctrinal legal analysis. Meticulously researched and multi-disciplinary, Reinventing Bankruptcy Law provides a comprehensive and concise history of CCAA law over the course of the twentieth century, framing developments within broader changes in Canadian institutions including federalism, judicial review, and statutory interpretation. Examining the influence of private parties and commercial practices on lawmaking, Virginia Torrie argues that CCAA law was shaped by the commercial needs of powerful creditors to restructure corporate borrowers, providing a compelling thesis about the dynamics of legal change in the context of corporate restructuring. Torrie exposes the errors in recent case law to devastating effect and argues that courts and the legislature have switched roles – leading to the conclusion that contemporary CCAA courts function like a modern day Court of Chancery. This book is essential reading for the Canadian insolvency community as well as those interested in Canadian institutions, legal history, and the dynamics of change.
