Law Commons^™

Balancing Consumer Protection And Commercial Viability: The Impact Of The New Hardship Provisions In The Nccp Enhancements Act, Francina Cantatore

Francina Cantatore

This paper considers the impact of the new Hardship Provisions in the Consumer Credit Legislation Amendment (Enhancements) Bill 2012 (“the Bill”) on credit providers. It focuses on, firstly, identifying the scope of the amendments, which are distinctly consumer orientated; secondly, it examines problematic issues arising from the wording and application of the new provisions, including a discussion of refusals of and disagreements on hardship variations; and, lastly, it considers the impact of complaint fees charged by the External Dispute Resolution schemes, Financial Ombudsman Services (“FOS”) and Credit Ombudsman Services (“COSL”) [now Credit and Investments Ombudsman (“CIO”)].

Bankruptcy And The Myth Of "Uniform Laws", Daniel Austin

Daniel A. Austin

The Bankruptcy Clause of the Constitution empowers Congress to enact “uniform Laws on the subject of bankruptcies.” Common definitions of the word uniform include “always the same” and “not variable.” Yet the rights and remedies of debtors and creditors in a bankruptcy case vary significantly depending upon the state and federal jurisdiction in which the case is filed. Rather than a single uniform law of bankruptcy, the U.S. has multiple bankruptcy laws and regimes based upon geography.

The cause of bankruptcy nonuniformity lies in the structure of our bankruptcy system. Many sections of the Bankruptcy Code incorporate state law, which …

State Laws, Court Splits, Local Practice Make Consumer Bankruptcy Anything But "Uniform", Daniel Austin

Daniel A. Austin

The Bankruptcy Clause allows Congress to establish “uniform Laws on the subject of Bankruptcies throughout the United States.” Pursuant to this authority, the Bankruptcy Code, 11 U.S.C. §101 et seq., governs consumer bankruptcy in the U.S. As a federal statute, it might be expected that the Code would be applied in a relatively uniform manner throughout the U.S. However, state laws, judicial interpretation, and local practice can vary so significantly, that the relief and procedures available to a debtor in one state can be entirely different from what is available in another state.

Individual Voluntary Arrangements And Consumer Debtors: Past, Present And Future, Adrian Walters

Adrian J Walters

No abstract provided.