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Vol 22 No 7 July/August 2017

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Manual of Housing Law

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Consumer Credit, Debt and Bankruptcy: Comparative and International Perspectives

Edited by: Johanna Niemi, Iain Ramsay, William C. Whitford

ISBN13: 9781841132587
Published: July 2009
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £85.00



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After a long period of prosperity and steady economic growth, the world's leading economies are now in crisis, and although there will be debate about its origins, the scale and seriousness of the crisis is in no doubt. There is also no doubt that excessive amounts of consumer credit, allied to a weak understanding of how globalised credit markets might react to a crisis, have played a significant part.

This book, which is primarly about credit, debt and the trouble they have led to, is written by authors who have specialised in researching into over-indebtedness, that is, situations in which an individual's debt burden has become overwhelming. For these authors the plight of individuals is a primary concern, but the wider issue is how credit is used and how it changes societies.

The essays in this volume, addressing topics which are fundamental to our understanding of the current crisis, range widely across the whole sector of consumer finance, including mortgages, 'credit-binges', the regulation of consumer lending, insolvency, repayment plans, debt counselling and much more besides.

The conclusions drawn from the book are equally wide-ranging, but above all the lesson learned from these essays is that the financialisation of contemporary life ensures that issues of the appropriate role of credit remains of critical importance in society.

Subjects:
Insolvency Law, Consumer Law, Banking and Finance
Contents:
Introduction
Johanna Niemi, Iain Ramsay, William C Whitford
I Changing Consumer Credit Markets
1. Inequality and Access to Financial Services Gregory D Squires
2. The Political Economy of Consumer Credit Securitization: Comparing Predatory Lending in Home Finance in the US, UK, Germany and Japan Christopher L Peterson
3. Consumer Overindebtedness in Brazil and the Need for New Consumer Bankruptcy Legislation Cláudia Lima-Marques and Antoˆnio Benjamin
4. 'Wannabe WAGS' and 'Credit Binges': The Construction of Overindebtedness in the UK Iain Ramsay
II Topics in Consumer Credit Regulation
5. Overindebted Households and Law: Prevention and Rehabilitation in Europe Johanna Niemi
6. 'A Call to Arms'—For Regulation of Consumer Lending Udo Reifner
7. The Political Economy of the EC Consumer Credit Directive Sefa M Franken
8. Disclosure as an Imperfect Means for Addressing Overindebtedness: An Empirical Assessment of Comparative Approaches Susan Block-Lieb, Richard Wiener, Jason A Cantone and Michael Holtje
9. Prevention of Overindebtedness and Mechanisms for Resolving Overindebtedness of South African Consumers Michelle Kelly-Louw
10. The Myth of the Cautious Consumer: Law, Culture, Economics and Politics in the Rise and Partial Fall of Unsecured Lending in Japan Souichirou Kozuka and Luke Nottage
III Consumer Overindebtedness and Insolvencies
11. Making Sense of Nation-Level Bankruptcy Filing Rates Ronald J Mann
12. Overindebtedness and Financial Stress : A Comparative Study in Europe Catarina Frade and Claudia Abreu Lopes
13. Bankruptcy in Germany: Filing Rates and the People behind the Numbers Wolfram Backert, Ditmar Brock, Götz Lechner and Katja Maischatz
14. Elderly Consumer Weakness in 'Withholding Credit' Johannes Doll
15. Two Decades, Three Key Questions, and Evolving Answers in European Consumer Insolvency Law: Responsibility, Discretion, and Sacrifice Jason Kilborn
IV Repayment Plans
16. A Law-in-Action Approach to Comparative Study of Repayment Forms of Consumer Bankruptcy Jean Braucher
17. Debt Agreements Down Under John Duns and Rosalind Mason
18. Personal Bankruptcy in Korea Soogeun Oh
19. New Labour: More Debt—The Political Response Michael Green
20. Debt Counselling in the Shadow of the Court: The Dutch Experience Nadja Jungmann and Nick Huls