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5 books match the query 'Debtor and creditor'

cover of Bankruptcy's Universal Pragmatist: Festschrift in Honor of Jay Westbrook

Bankruptcy's Universal Pragmatist

Festschrift in Honor of Jay Westbrook

Christoph G. Paulus and John A. E. Pottow, Editors

Michigan Publishing Services, 2021

A Who’s Who of international scholars of bankruptcy law have come together to compile a Festschrift honoring the work of Jay Lawrence Westbrook, one of the most prominent professors of bankruptcy law. Jay is not just the father—perhaps grandfather—of modern cross-border insolvency theory, but a pioneer (along with his co-authors Teresa A. Sullivan and Elizabeth Warren) of empirical research in commercial law. The volume collects the papers presented at “JayFest,” the 2018 celebration of Jay’s work in Austin co-sponsored by the University of Texas Law School, the Texas Law Review, and the world’s premier bankruptcy organization, the International Insolvency Institute.
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cover of COURTS AND COMMERCE: GENDER, LAW, AND THE MARKET ECONOMY IN COLONIAL NEW YORK

COURTS AND COMMERCE

GENDER, LAW, AND THE MARKET ECONOMY IN COLONIAL NEW YORK

Deborah A. Rosen

The Ohio State University Press, 1997

Illuminates the legal engine behind colonial America’s market economy, revealing how law and commerce intertwined to sideline women's participation and lay the groundwork for industrial capitalism.

In Courts and Commerce, Deborah A. Rosen offers a fresh, incisive look at the economic and legal foundations of colonial New York. Drawing on a wide array of 18th-century sources—probate inventories, court records, petitions, and more—Rosen uncovers how law and commerce intertwined to shape a market economy long before the rise of industrial capitalism.

Rosen challenges the romanticized view of colonial America as a bastion of communal values. Instead, she reveals a society already driven by arm’s-length transactions and legal mechanisms that empowered men to expand their economic reach while systematically limiting women’s participation. Her analysis spans both urban and rural settings, highlighting regional contrasts and the gendered impact of legal structures.

This book pushes back against the idea that the nineteenth century marked a sudden economic transformation. Rosen shows that many of the legal and economic patterns associated with industrialization were already in motion a century earlier. Engaging and deeply researched, Courts and Commerce is essential reading for scholars of colonial history, legal and economic development, and gender studies. It reframes our understanding of early American life—and the roots of inequality in the modern economy.

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cover of House of Debt: How They (and You) Caused the Great Recession, and How We Can Prevent It from Happening Again

House of Debt

How They (and You) Caused the Great Recession, and How We Can Prevent It from Happening Again

Atif Mian and Amir Sufi

University of Chicago Press, 2014

The Great American Recession resulted in the loss of eight million jobs between 2007 and 2009. More than four million homes were lost to foreclosures. Is it a coincidence that the United States witnessed a dramatic rise in household debt in the years before the recession—that the total amount of debt for American households doubled between 2000 and 2007 to $14 trillion? Definitely not. Armed with clear and powerful evidence, Atif Mian and Amir Sufi reveal in House of Debt how the Great Recession and Great Depression, as well as the current economic malaise in Europe, were caused by a large run-up in household debt followed by a significantly large drop in household spending.

Though the banking crisis captured the public’s attention, Mian and Sufi argue strongly with actual data that current policy is too heavily biased toward protecting banks and creditors. Increasing the flow of credit, they show, is disastrously counterproductive when the fundamental problem is too much debt. As their research shows, excessive household debt leads to foreclosures, causing individuals to spend less and save more. Less spending means less demand for goods, followed by declines in production and huge job losses. How do we end such a cycle? With a direct attack on debt, say Mian and Sufi.  More aggressive debt forgiveness after the crash helps, but as they illustrate, we can be rid of painful bubble-and-bust episodes only if the financial system moves away from its reliance on inflexible debt contracts. As an example, they propose new mortgage contracts that are built on the principle of risk-sharing, a concept that would have prevented the housing bubble from emerging in the first place.

Thoroughly grounded in compelling economic evidence, House of Debt offers convincing answers to some of the most important questions facing the modern economy today: Why do severe recessions happen? Could we have prevented the Great Recession and its consequences? And what actions are needed to prevent such crises going forward?
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cover of House of Debt: How They (and You) Caused the Great Recession, and How We Can Prevent It from Happening Again

House of Debt

How They (and You) Caused the Great Recession, and How We Can Prevent It from Happening Again

Atif Mian and Amir Sufi

University of Chicago Press, 2014

The Great American Recession resulted in the loss of eight million jobs between 2007 and 2009. More than four million homes were lost to foreclosures. Is it a coincidence that the United States witnessed a dramatic rise in household debt in the years before the recession—that the total amount of debt for American households doubled between 2000 and 2007 to $14 trillion? Definitely not. Armed with clear and powerful evidence, Atif Mian and Amir Sufi reveal in House of Debt how the Great Recession and Great Depression, as well as the current economic malaise in Europe, were caused by a large run-up in household debt followed by a significantly large drop in household spending.

Though the banking crisis captured the public’s attention, Mian and Sufi argue strongly with actual data that current policy is too heavily biased toward protecting banks and creditors. Increasing the flow of credit, they show, is disastrously counterproductive when the fundamental problem is too much debt. As their research shows, excessive household debt leads to foreclosures, causing individuals to spend less and save more. Less spending means less demand for goods, followed by declines in production and huge job losses. How do we end such a cycle? With a direct attack on debt, say Mian and Sufi.  More aggressive debt forgiveness after the crash helps, but as they illustrate, we can be rid of painful bubble-and-bust episodes only if the financial system moves away from its reliance on inflexible debt contracts. As an example, they propose new mortgage contracts that are built on the principle of risk-sharing, a concept that would have prevented the housing bubble from emerging in the first place.

Thoroughly grounded in compelling economic evidence, House of Debt offers convincing answers to some of the most important questions facing the modern economy today: Why do severe recessions happen? Could we have prevented the Great Recession and its consequences? And what actions are needed to prevent such crises going forward?
[more]
cover of The Price of Misfortune: Rights and Wrongs in Indebted America

The Price of Misfortune

Rights and Wrongs in Indebted America

Daniel Platt

University of Chicago Press, 2023

A history of the struggle for debtors’ rights from the Civil War to the Great Depression

What can be taken from someone who has borrowed money and cannot repay? What do the victims of misfortune owe to their lenders, and what can they keep for themselves? The answers to those questions, immensely important for debtors, creditors, and society at large, have changed over time. The Price of Misfortune examines the cause of debtors’ rights in the modern United States and the struggles of reformers who fought to establish financial freedoms in law.
 
Daniel Platt shows how, in the wake of the Civil War, a range of advocates drew potent analogies between slavery, imprisonment for debt, and the experiences of wage garnishment and property foreclosure. He traces the ways those analogies were used to campaign for bold new protections for debtors, keeping them secure in their labor, property, and personhood. Yet, as Platt demonstrates, those reforms tended to assume as their ideal borrower someone who was white, propertied, and male. In subsequent decades, the emancipatory promise of debtors’ rights would be tested as women, wage earners, and African Americans seized on their language to challenge other structural inequalities: the dependency of marriage, the exploitation of industrial capitalism, and the oppression of Jim Crow. By reconstructing these forgotten developments—and recovering the experiences of indebted farmwives, sharecroppers, and wage workers—The Price of Misfortune narrates a new history of inequality, coercion, and law amid the early financialization of American capitalism.
 
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