Consumer credit, as an important aspect of the free movement of capital, has for a long time now been subject to European Union regulations. However, one important aspect of consumer credit, over-indebtedness, has not been acknowledged in the Consumer Credit directives of 1978 and 2009, nor is...

Many EU countries introduced debt adjustment systems as a response to the growth of over-indebtedness since the 1980s. These systems, originally introduced in many countries as crisis measures, have now become normalized, metamorphosing through a continuing learning process into a combination of...

Consumer bankruptcy scholars typically stress either a structural or a cultural account of individuals' problems with debt. Drawing on the history of poverty research, this article argues that research on consumer overindebtedness and bankruptcy should avoid the pitfall of seeing structural and...

This chapter proposes three criteria for comparative evaluation of repayment forms of consumer bankruptcy around the world: creditor repayment net of administrative costs, rates of discharge, and treatment (particularly as judged by whether debtors have debt problems again). It also argues that...

The benefits of incrementalism are frequently lauded in international lawmaking. Scholars argue that these benefits accrue to international organizations with limited resources or to nation-states that are reluctant to move too fast. Using the case of UNCITRAL's (the United Nations Commission on...

This article critiques two of the 2005 amendments to the Bankruptcy Code - one related to pre-bankruptcy counseling and the other related to post-filing debtor education. The article questions whether, when one looks beneath the surface, these new mandates actually improve the lives of consumer...