The fresh start goal of the Bankruptcy Act : giving a temporary reprieve or facilitating debtor rehabilitation?


Autoria(s): Howell, Nicola
Data(s)

2014

Resumo

Providing debtors with the opportunity for a fresh start is popularly regarded as one of the main goals of bankruptcy legislation. However, there has been limited analysis of this goal. This article confirms that the fresh start is one of the main goals of the Australian Bankruptcy Act, and argues that this fresh start focuses on discharge of debt and does not explicitly address debtor rehabilitation. A review of the key goals could examine whether, and to what extent, rehabilitation should also be a focus of the fresh start in Australian bankruptcy law.

Formato

application/pdf

Identificador

http://eprints.qut.edu.au/75074/

Publicador

Queensland University of Technology * Faculty of Law

Relação

http://eprints.qut.edu.au/75074/1/Fresh_Start_Article_-_Howell_2013.pdf

https://lr.law.qut.edu.au/article/view/553

Howell, Nicola (2014) The fresh start goal of the Bankruptcy Act : giving a temporary reprieve or facilitating debtor rehabilitation? QUT Law Review, 14(3), pp. 29-52.

Direitos

Copyright 2014 The author and QUT

Fonte

Commercial & Property Law Research Centre; Faculty of Law; School of Law

Palavras-Chave #180105 Commercial and Contract Law #bankruptcy #fresh start #personal insolvency #debt discharge #debtor rehabilitation
Tipo

Journal Article