New Stricter Personal Bankruptcy Laws
45
Bankruptcy is almost like an American past time. With companies like
GM's June first bankruptcy filing of chapter 11 debt relief. It's much
like a game of tug o war between competing Yankee principles or the
reinvention of responsibilities.
During colonial America where money lending was governed by moral
codes as well as legal ones. This was a time when defaulting on your
debts was considered to be a moral one. With some owing as little as
$40.00 shillings. Even owing just this little amount you could find
yourself in the debtors prison. With all the financial turmoil
following the Revolutionary War. Delegates to the constitutional
Convention predicted that the nation may need laws. Which would enable
people the ability to go belly up in a some what orderly fashion. This
brought forth the first Federal Bankruptcy laws. These laws which drew
on English statutes was signed in 1800. It was rounded to benefit
at least one delegate. Robert Morris of Pennsylvania. Who found himself
three million in debt from opening his wallet to Washington's Army. From
this he found himself locked up for three years.
When further legislative attempts were advocated by interest groups and
state rights advocates. Who had feared corruption and disagreed that
bankruptcies should be regulated at all by the Federal Government. The
Bankruptcy act of 1898 expanded debt protection to creditors as well as
corporations. In the 1970's most firms still saw bankruptcy as an
unjust fire sale. By this time congress sought to steer more
corporations back into the black, by simplified filing for both
corporations and personal bankruptcy. This change in the bankruptcy laws
got significant results. With bankruptcy increasing six fold from
1980-2005. Then again in 2005 new stricter bankruptcy laws where
invoked. However now with the current recession at hand and an
unemployment rate over 9%. We are once again seeing a huge increasein
people and corporations filing for bankruptcy like gm and lehman
bros.
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