D2 Article in a professional compilation book
Personal insolvency
Authors: Johanna Niemi
Editors: Geraint Howells, Iain Ramsay, Thomas Wilhelmsson
Edition: 2.
Publisher: Edward Elgar Publishing Ltd.
Publication year: 2018
Book title : Handbook of Research on International Consumer Law, 2nd ed.
Series title: Research Handbooks in International Law
First page : 363
Last page: 380
Number of pages: 18
ISBN: 978-1-78536-820-2
eISBN: 978-1-78536-821-9
DOI: https://doi.org/10.4337/9781785368219
This chapter examines the development of personal insolvency law from the perspective of the consumer debtors who may become over-indebted either in their private economy or as small entrepreneurs. It is now generally acknowledged that a debt adjustment procedure (consumer bankruptcy) is needed to alleviate the overwhelming debt burden in the credit societies. However, the approach varies in national laws, with some countries allowing a more liberal discharge and others putting stringent condition on the debtors. This chapter present different theoretical views on debt relief. It also discusses central issues in debt adjustment procedures, such as access to relief, inclusion of assets and debts, counselling to debtors and payment plans.