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Bankruptcy Law

Selected Works

Jason Kilborn

Overindebtedness

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

La Responsabilisation De L'Economie: What The United States Can Learn From The New French Law On Consumer Overindebtedness, Jason J. Kilborn Jan 2017

La Responsabilisation De L'Economie: What The United States Can Learn From The New French Law On Consumer Overindebtedness, Jason J. Kilborn

Jason Kilborn

This Article on the French law continues a study of European consumer debt-relief systems, which the author began previously in an article on the German system. With rapid legal and practical developments in consumer debt-relief law, Europe provides an excellent comparative legal laboratory for observing the potential benefits and pitfalls of consumer bankruptcy reforms. In particular, French and German experiences with long-term payment plans shed useful light on the great debate raging in the United States over similar plans.

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The Personal Side Of Harmonizing European Insolvency Law Sep 2016

The Personal Side Of Harmonizing European Insolvency Law

Jason Kilborn

This article advances detailed proposals for a European Personal Insolvency Directive as part of the European Commission’s ongoing insolvency initiative. The Commission has been struggling with soft coordination of insolvency proceedings under the divergent national laws in the EU since 2000, and in 2012, it began taking steps toward substantive harmonization of these laws. A process firmly concentrated on business restructuring has recently expanded to personal insolvency writ large, including consumer debtors. On both business and personal procedures, the Commission has announced that a legislative instrument is forthcoming by the end of 2016. The process thus far, however, has involved …

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