Bankrupt In America

In 2005, more than two million Americans—six out of every 1,000 people—filed for bankruptcy. Though personal bankruptcy rates have since stabilized, bankruptcy remains an important tool for the relief of financially distressed households. In Bankrupt in America, Mary and Brad Hansen offer a vital perspective on the history of bankruptcy in America, beginning with the first lasting federal bankruptcy law enacted in 1898. Interweaving careful legal history and rigorous economic analysis, Bankrupt in America is the first work to trace how bankruptcy was transformed from an intermittently used constitutional provision, to an indispensable tool for business, to a central element of the social safety net for ordinary Americans. To do this, the authors track federal bankruptcy law, as well as related state and federal laws, examining the interaction between changes in the laws and changes in how people in each state used the bankruptcy law. In this thorough investigation, Hansen and Hansen reach novel conclusions about the causes and consequences of bankruptcy, adding nuance to the discussion of the relationship between bankruptcy rates and economic performance.

Bankruptcy in America, in stark contrast to its status in most other countries, typically signifies not a debtor's last gasp but an opportunity to catch one's breath and recoup. Why has the nation's legal system evolved to allow both corporate and individual debtors greater control over their fate than imaginable elsewhere? Masterfully probing the political dynamics behind this question, David Skeel here provides the first complete account of the remarkable journey American bankruptcy law has taken from its beginnings in 1800, when Congress lifted the country's first bankruptcy code right out of English law, to the present day. Skeel shows that the confluence of three forces that emerged over many years--an organized creditor lobby, pro-debtor ideological currents, and an increasingly powerful bankruptcy bar--explains the distinctive contours of American bankruptcy law. Their interplay, he argues in clear, inviting prose, has seen efforts to legislate bankruptcy become a compelling battle royale between bankers and lawyers--one in which the bankers recently seem to have gained the upper hand. Skeel demonstrates, for example, that a fiercely divided bankruptcy commission and the 1994 Republican takeover of Congress have yielded the recent, ideologically charged battles over consumer bankruptcy. The uniqueness of American bankruptcy has often been noted, but it has never been explained. As different as twenty-first century America is from the horse-and-buggy era origins of our bankruptcy laws, Skeel shows that the same political factors continue to shape our unique response to financial distress.

"In Bankrupt in America, Mary and Brad Hansen show that examination of how Americans have used bankruptcy law and the history of the law itself offers important perspective on the history of bankruptcy in America. Using new statistical and documentary evidence, they illustrate the cycles of interaction between bankruptcy law's use and its own evolution. The authors first offer a broad overview of the laws at various levels governing the collection of debt and position their research in the literature on bankruptcy. They establish the need for a framework that integrates various lines of thought, and introduce of the methods of their approach, which incorporates new institutional economics and cliometrics, that is, the incorporation of econometric data analysis. They then illustrate the general path to bankruptcy by discussing the series of decisions that creditors and debtors make at every stage and how various formal and informal institutions influence these decisions. The core of the book will comprise a generally chronological narrative from 1898, when the first major federal bankruptcy law was enacted to an end point of 2005. Hansen and Hansen reach novel conclusions about causes and consequences of bankruptcy and raise nuances in the relationship between bankruptcy rates and economic growth. For instance, while higher bankruptcy rates are usually considered a negative, the authors show that higher bankruptcy may actually signal economic growth if it is due to an expansion of credit markets. Further, the authors contribute to our understanding of what drives differences in bankruptcy rates among states by illustrating the influence of the broader legal framework. Ultimately, this work find that long-run growth in personal bankruptcy is the result of growth in credit and that the study of legal governance provides useful viewpoints from which to draw out patterns in bankruptcy"--

Americans now depend more heavily upon credit than any other society on Earth, or any other time in history. Borrowing has become a way of life for millions of families, and it is hard to imagine a time when charge accounts did not exist. Nonetheless, it would be a mistake to assume that, because a wallet filled with plastic instead of cash is a relatively new phenomenon, Americans have not been borrowers and lenders since the colonization of the New World. Author Peter J. Coleman proves otherwise. In one Form or another -- notes of hand, book credit, commercial paper, mortgages, land contracts -- settlers borrowed to pay their passage from Europe, to buy and clear land, to build and operate mills, to purchase slaves, and to gamble and drink. Debtors' prison awaited those who could not pay their debts, and a pauper's grave received the unfortunate who lacked the private means to feed and clothe himself in prison. While the debtors' prisons described in this book no longer exist, the author maintains that our credit-oriented society has yet to devise cheap, efficient, equitable, and humane methods of enforcing contracts for debt.

In America’s Ticking Bankruptcy Bomb, conservative policy expert Peter Ferrara explores the issue that will be THE hot-button topic from now until the 2012 presidential election: the looming bankruptcy of the federal government of the United States of America. Providing indisputable evidence that the American welfare state, aggressively expanded by Barack Obama and the Democrats in Congress, is on the verge of rapid and total collapse, Ferrara offers concrete proposals for reforming entitlement programs along free market lines that will shift responsibility from centralized bureaucracies to individual Americans. For every concerned citizen, America’s Ticking Bankruptcy Bomb is a must-read—a blueprint for avoiding the impending catastrophe before it’s too late.

Debt was an inescapable fact of life in early America. At the beginning of the eighteenth century, its sinfulness was preached by ministers and the right to imprison debtors was unquestioned. By 1800, imprisonment for debt was under attack and insolvency was no longer seen as a moral failure, merely an economic setback. In Republic of Debtors, Bruce H. Mann illuminates this crucial transformation in early American society. From the wealthy merchant to the backwoods farmer, Mann tells the personal stories of men and women struggling to repay their debts and stay ahead of their creditors. He opens a window onto a society undergoing such fundamental changes as the growth of a commercial economy, the emergence of a consumer marketplace, and a revolution for independence. In addressing debt Americans debated complicated questions of commerce and agriculture, nationalism and federalism, dependence and independence, slavery and freedom. And when numerous prominent men—including the richest man in America and a justice of the Supreme Court—found themselves imprisoned for debt or forced to become fugitives from creditors, their fate altered the political dimensions of debtor relief, leading to the highly controversial Bankruptcy Act of 1800. Whether a society forgives its debtors is not just a question of law or economics; it goes to the heart of what a society values. In chronicling attitudes toward debt and bankruptcy in early America, Mann explores the very character of American society.

Explains how serious the federal fiscal situation is, how the crisis happened, what will happen in the near future, and what can be done about it.