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

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.

Reinforcing stigma or delivering a fresh start: Bankruptcy and future engagement in the workforce

In Australia, bankruptcy retains a social stigma, as is often seen as a personal failing, and an indication that the individual cannot be trusted to meet their obligations. Official labelling and informal labelling reinforce this stigmatisation of bankruptcy in employment and business contexts. This occurs through legislation and policy that imposes restrictions on participation in some occupations on the grounds of bankruptcy, and imposes obligations on persons to disclose their bankruptcy to their employer. These restrictions and obligations that are varying in length and extent, both within industries and professions and across industries and professions, and appear to lack a coherent policy justification. Further, informal labelling is facilitated by the law providing for a permanent, publicly accessible record of bankruptcy, and failing to restrict the use of bankruptcy information in employment and business decision-making. This stigmatisation of bankruptcy inhibits the fresh start objective of bankruptcy, and is not supported by a strong correlation between bankruptcy and negative personal or other attributes. This article therefore argues that a review is needed to determine the circumstances in which there is a genuine policy justification for employment restrictions, and the appropriate length and scope of such restrictions. Reform of the Bankruptcy Act should also be considered. Possible areas for law reform including reducing the minimum period of bankruptcy; removing the permanency and/or public accessibility of the bankruptcy record; revising the language used in the Bankruptcy Act; and introducing a prohibition or restriction on the ability of employers to use bankruptcy status in employment decision making. Such changes would promote the fresh start objective of Australia’s bankruptcy system, and increase the likelihood that bankruptcy does not unfairly inhibit an individual’s ability to engage as an economic actor in Australian society and thereby improve their financial well-being.

The EU’s re-engagement as a security actor: Fresh start or still sleepwalking. CEPS Commentary, 12 July 2012

By the end of the summer, the EU will launch new crisis management missions in the Horn of Africa, Niger and South Sudan. In this CEPS Commentary, Giovanni Faleg and Steven Blockmans question whether the new deployments will revive the EU’s persona as a global security actor. The authors point out that, without the backing of a comprehensive security strategy rationale, the EU’s re-engagement as a crisis manager that opts for small-scale operations will be seen as a continuation of its sleepwalking through a changing geostrategic landscape.

Physical activity among breast and prostate cancer survivors: Barriers, facilitators and maintenance following the FRESH START trial

Research provides evidence of the positive health effects associated with regular physical activity participation in all populations. Activity may prove to be especially beneficial in those with chronic conditions such as cancer. However, the majority of cancer patients and survivors do not participate in the recommended amount of physical activity. The purpose of this dissertation was to identify factors associated with physical activity participation, describe how these factors change as result of a diet and exercise intervention, and to evaluate correlates of long term physical activity maintenance. ^ For this dissertation, I analyzed data from the FRESH START trial, a randomized, single-blind, phase II clinical trial focused on improving diet and physical activity among recently diagnosed breast and prostate cancer survivors. Analyses included both parametric and non-parametric statistical tests. Three separate studies were conducted, with sample sizes ranging from 400 to 486. ^ Common barriers to exercise, such as “no willpower,” “too busy,” and “I have pain,” were reported among breast and prostate cancer survivors; however, these barriers were not significantly associated with minutes of physical activity. Breast cancer survivors reported a greater number of total barriers to exercise as well as higher proportions reporting individual barriers, compared to prostate cancer survivors. Just less than half of participants reduced their total number of barriers to exercise from baseline to 1-year follow-up, and those who did reduce barriers reported greater increases in minutes of physical activity compared to those who reported no change in barriers to exercise. Participants in both the tailored and standardized intervention groups reported greater minutes of physical activity at 2-year follow-up compared to baseline. Overall, twelve percent of participants reached recommended levels of physical activity at both 1- and 2-year follow-up. Self-efficacy was positively associated with physical activity maintenance, and the number of total barriers to exercise was inversely associated with physical activity maintenance. ^ Results from this dissertation are novel and informative, and will help to guide future physical activity interventions among cancer survivors. Thoughtfully designed interventions may encourage greater participation in physical activity and ultimately improve overall quality of life in this population. ^

Japan Again under Abe – Fresh Start or More of the (not so Great) Same? Bertelsmann Asia Policy Brief 2015/01, February 2015

After Japan’s snap Lower House elections called on December 14 by old – and now new – Prime Minister Shinzo Abe, it will hopefully be the former, but probably the latter. This is the very opposite of what Abe promised would happen after his two-year tenure, which included many missed opportunities to adopt badly needed economic reforms capable of leading the country back onto a path of sustainable economic growth. While the jury is still out on whether Abe will focus this time around on economic reforms as opposed to attempts to boost the country’s defense profile and get rid of Japan’s constitutionally prescribed pacifism, his (very) nationalist and at times revisionist political track record suggests that it could be the latter yet again.

A Fresh Start for the European Union after Brexit. CEPS Commentary, 29 June 2016

I am still trying to process the shock of the UK referendum, which has dealt a historic blow to the European Union and has alerted us to the danger of the wave of anti-establishment and anti-elite sentiments shaking up developed nations, and bringing about disastrous decisions that cannot be easily reversed. These movements are present in many European countries; we cannot underestimate the dangers of tumbling down the slippery slope of nationalism, which could put the very survival of the Union into question. A response from the EU, or from a smaller circle of its founding or main members, is necessary – as long as we can identify meaningful goals.

Towards a fresh deal for Ukraine, the EU and Russia and their neighbourhood policies: 15 steps. CEPS Commentary, 29 May 2014

Following the convincing election of Petro Poroshenko as Ukraine’s new President, Michael Emerson puts forward 15 steps with a view to creating a fresh start for Ukraine, the EU and Russia and their neighbourhood policies.

In search of a youth justice pedagogy? A commentary

Purpose – This paper seeks to look at youth justice (YJ) personnel training and education and the recommendations about it made in Time for a Fresh Start. Design/methodology/approach – The pedagogic tensions that currently shape YJ training are described – particularly those around the question of instructionalism vs education and what “specialist” means in the context of YJ. Findings – The paper suggests that the authors of Time for a Fresh Start missed the opportunity to better serve the public and young people's interests by neither acknowledging the pedagogic tensions nor articulating what a “specialist” “YJ” professional training can mean in twenty-first century England and Wales. Originality/value – The paper highlights an urgent need for an open debate between academics, practitioners and policy makers about YJ pedagogy.

A exoneração do passivo restante: considerações sobre as causas de indeferimento liminar

Dissertação de Mestrado em Solicitadoria

Exoneração do Passivo Restante

A atual crise económica determinou um aumento significativo de casos de insolvência de pessoas singulares, uma vez que as famílias, para verem satisfeitas as suas necessidades, recorrem, por vezes em demasia, a instituições de crédito, o que leva ao seu sobreendividamento. Deste modo, o processo de insolvência pode ser o último recurso para as pessoas singulares resolverem a sua situação de incumprimento. Entre as medidas aplicáveis às pessoas singulares destaca-se a exoneração do passivo restante, prevista nos artigos 235.º a 248.º do CIRE. Esta solução dá aos devedores a possibilidade de se libertarem de algumas das suas dívidas com vista à sua reabilitação económica. É nisto que se traduz o princípio do fresh start. Este trabalho tem por objeto a insolvência de pessoas singulares, em especial a exoneração do passivo restante e o fundamento de indeferimento liminar do pedido de exoneração baseado na culpa do devedor na criação ou agravamento da sua situação de insolvência, constante do artigo 238º nº 1 al. e) do CIRE.

A Insolvência de Ambos os Cônjuges

Dissertação de Mestrado em Solicitaria

O regime especial da insolvência de pessoas singulares

This article has for its purpose the boarding of the possibility afforded to debtors who are individuals to have their remaining debts of the bankruptcy process totally discharged. Once a debtor requires a bankruptcy’s declaration, he usually sees their assets to be liquidated. However, their remaining debts would rest until the prescription. As a way to avoid this and because the debtor needs to be reinstated in the market and to be given another chance, a fresh start, debtor can require a discharge. However, in Portugal, this reality’s treatment, although it is a novelty and a solution to this increasingly common indebtedness’ situation, is inadequate, very slow and very tight against the need for a quick, effective and approachable process. Therefore, we propose its revision and we give some possible solutions.

Professor coordenador na formação contínua de professores: um estudo em escolas do município de Limeira

Pós-graduação em Educação - IBRC

New Name, New Format, New Publisher, Same Principles and Values

This issue of the Journal of Family Strengths is an opportunity for a fresh start, as the Family Preservation Journal is renewed and revived under a new name and a new format. Still keen on being a definitive record on developments in family strengths and parenting, the Journal is devoted to presenting theory, practice and evaluation articles on the strengths perspective in family preservation practice, all to assure and improve services and programs that promote and sustain family systems.

Streaks of life,

Recollections of the Empress Eugénie.--A fresh start and two portraits.--Two glimplses of Queen Victoria.--'Mount Music.'--An adventure in a train.--The quotation-fiend.--A winter of storm.--The opera fiasco.--An open secret.