By Jacob S Ziegel
All smooth criminal structures inside of complex economies needs to tackle the query of ways to answer the desires of bancrupt shoppers whose burden of debt enormously exceeds their capability to pay off inside an affordable timeframe. This examine surveys relatively the insolvency regimes at the moment in position or prone to be followed within the foreseeable destiny in Canada, the us, Australia, England and Wales, Scotland, Scandinavia and a consultant workforce of Western international locations at the continent of Europe. smooth felony structures have uncomplicated choices in supplying reduction for over-committed shoppers. the 1st, which contains limiting the enforcement of person creditor treatments is a technique with which this learn isn't really involved. the place the patron is heavily bancrupt and owes funds to many collectors, a distinct strategy is needed - a collective approach to debtor's difficulties - and this, the answer supplied via sleek insolvency platforms, is the point of interest of this learn.
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Extra info for Comparative Consumer Insolvency Regimes: A Canadian Perspective
28 In the event, the Task Force focused most of its limited time on these and related questions and very little on exploring the desirability of Canada adopting new insolvency procedures. The Task Force met over a period of 15 months and issued its report in 2002. ’29 Nevertheless, the Task Force’s 120-page report contains 32 recommendations, a substantial number of which could have a significant impact on the future operation of Canada’s consumer insolvency system. The Committee’s most important recommendations were the following: 25 The Task Force’s original name was Consumer Insolvency Task Force.
2 below. 27 The period is reduced to one year in the Enterprise Act 2002. 6 below. 3(a) below. 22 8 Introduction much longer period. 29 The legal position is very different in Scandinavia and many of the Western European continental countries. There, a straight bankruptcy, followed by a discharge order, is either not available at all or is only available as a last resort after all other alternatives have been exhausted. These alternatives usually involve voluntary or statutory debt adjustment arrangements with the creditors.
2 Constitution Act 1867 (UK), 30 and 31 Vic, c 3, s 91(21). Cf US Constitution Act, Art I, sec 8, clause 4 (‘Congress shall have power . . ’) 3 See, eg, Ontario (AG) v Canada (AG)  AC 189 (PC) (constitutionality of provincial assignment and preferences legislation); Abitibi Power & Paper Co v Montreal Trust Co  AC 536 (PC) (validity of special provincial restructuring Act); Donald A Robinson v Countrywide Factors Ltd  SCR 753 (validity of Saskatchewan’s fraudulent preferences legislation); and Pacaar Financial Services Ltd v Sinco Trucking Ltd (Trustee of) (1989) 57 DLR (4th) 438 (Sask CA) (validity of s 20(1) of Saskatchewan Personal Property Security Act); and contrast Reference re Orderly Payment of Debts Act, 1959 (Alberta)  SCR 571 (validity of provincial wage payment plan); British Columbia v Henfrey Samson Belair Ltd  2 SCR 24 (constitutionality of provincial deemed trust provisions where debtor bankrupt); and Husky Oil Operations Ltd v MNR  3 SCR 453 (constitutionality of provincial retention of payment provisions).
Comparative Consumer Insolvency Regimes: A Canadian Perspective by Jacob S Ziegel