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

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.

[img] Accepted Version (PDF 490kB)
Administrators only | Request a copy from author

View at publisher

Abstract

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.

Impact and interest:

Citation counts are sourced monthly from Scopus and Web of Science® citation databases.

These databases contain citations from different subsets of available publications and different time periods and thus the citation count from each is usually different. Some works are not in either database and no count is displayed. Scopus includes citations from articles published in 1996 onwards, and Web of Science® generally from 1980 onwards.

Citations counts from the Google Scholar™ indexing service can be viewed at the linked Google Scholar™ search.

ID Code: 75074
Item Type: Journal Article
Refereed: Yes
Keywords: bankruptcy, fresh start, personal insolvency, debt discharge, debtor rehabilitation
ISSN: 2201-7275
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Commercial and Contract Law (180105)
Divisions: Current > Research Centres > Commercial & Property Law Research Centre
Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2014 The author and QUT
Deposited On: 15 Aug 2014 05:08
Last Modified: 08 Dec 2014 08:17

Export: EndNote | Dublin Core | BibTeX

Repository Staff Only: item control page