Premium
The ‘fresh start’ for individual debtors: social, moral and practical issues
Author(s) -
van Apeldoorn Jan C.
Publication year - 2008
Publication title -
international insolvency review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.125
H-Index - 7
eISSN - 1099-1107
pISSN - 1180-0518
DOI - 10.1002/iir.156
Subject(s) - fresh start , debtor , debt , position (finance) , start up , natural (archaeology) , business , creditor , law , law and economics , political science , economics , finance , history , business administration , keynesian economics , archaeology
The concept of a “fresh start” for individual debtors has been introduced in the Netherlands in 1998. Until then a natural person could be pursued for the debts he could not pay indefinitely. Their position was not different from the unfortunate debtors in many European countries to day. The entrance to the “fresh start‐ procedure” in the Netherlands is surrounded by impediments, the access is linked to the debtor in good faith, but after three years the fresh start comprises all debts (except student loans), none excluded. In the United States the fresh start doctrine is long established law, the entrance is easy, but many debts may be excluded. Because of public dissatisfaction in both countries the concept has changed. In the Netherlands many debts may now be excluded from the fresh start and in the United States a means test has been introduced. The two concepts of a fresh start for the natural person in both countries, originally so differnt in approach, now converged. Will the twain meet? Copyright © 2008 John Wiley & Sons, Ltd.