Australia’s insolvency laws have a curious deficiency: There are virtually no provisions on the treatment of ongoing contracts. Such contracts may well represent some of the most valuable assets of a business debtor, small or large, especially in this new era of rapid technological innovation,...

For nearly thirty years, legislators in Europe and South America have looked to mediation as a preferred mechanism for resolving the rising problem of personal overindebtedness. This reliance has generally been misplaced, as voluntary personal debt conciliation has most often ended in failure....

This chapter from a forthcoming volume on prevention of overindebtedness explores mandatory financial education in consumer bankruptcy. Requiring individual debtors to undergo such counseling or education as a prerequisite to discharge relief is a seemingly sound idea in a vain search for...

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,...

This is a chapter in a forthcoming comparative volume of essays on the legal aspects of crowdfunding, which in the US emerged into an environment of longstanding and heavy regulation of public investment solicitation (securities regulation). Existing rules inhibited fintech's broad outreach to...

This is an excerpt from a new, concise handbook on the civil procedure that few talk about and many do not know exists. It charts the metamorphosis by which the caterpillar of a money judgment is transformed into the butterfly of... money. It is a law student- and new practitioner-oriented...

A series of European experts have weighed in over the past twenty years on the proper way forward for preventing and treating consumer overindebtedness. This paper applies these expert recommendations in an analysis of the multitude of laws establishing (and revising) formal debt adjustment...

This article provides a detailed examination of the structure, sources, and ultimate content of the Islamic law of distressed debt. With specific illustrations from the Qur'an, sunna, and fiqh (Islamic jurisprudence), it orients non-specialists on the path to understanding where Islamic law...

The notion of compulsory debt clemency has come full circle during the past five millennia. This brief paper surveys this progression over three relatively distinct periods. In the first period, rulers in ancient Sumer and Babylon imposed periodic debt amnesties to maintain social stability,...