Consumer Bankruptcy in Europe: Different Paths for Debtors and Creditors

EUI Working Papers LAW No. 2011/09

108 Pages Posted: 3 Nov 2011

See all articles by Robert Anderson

Robert Anderson

European University Institute - Department of Law (LAW)

Hans Dubois

European University Institute - Department of Law (LAW)

Hans‐W. Micklitz

European University Institute - Department of Law (LAW)

Iain D. C. Ramsay

University of Kent - Kent Law School

Götz Lechner

affiliation not provided to SSRN

Anne Koark

affiliation not provided to SSRN

Thomas Roethe

European University Institute - Department of Law (LAW)

Date Written: August 1, 2011

Abstract

The economic crisis has fueled the debate on regulated state insolvencies. And while debt relief is being considered for nations, in some European countries consumers live their whole lives in debt as there is no consumer bankruptcy process which provides for an exemption from residual debt. There are thus no uniform regulations on how private individuals can make a clean financial start in Europe and debtors and creditors have different roads to take. The standard moral debate on consumer bankruptcy proceedings ranges between two extremes, i.e. from attaching individual blame for debt to expropriation of creditors.

Suggested Citation

Anderson, Robert and Dubois, Hans and Micklitz, Hans-W. and Ramsay, Iain D. C. and Lechner, Götz and Koark, Anne and Roethe, Thomas, Consumer Bankruptcy in Europe: Different Paths for Debtors and Creditors (August 1, 2011). EUI Working Papers LAW No. 2011/09, Available at SSRN: https://ssrn.com/abstract=1953857 or http://dx.doi.org/10.2139/ssrn.1953857

Robert Anderson

European University Institute - Department of Law (LAW) ( email )

Via Bolognese 156 (Villa Salviati)
50-139 Firenze
ITALY

Hans Dubois

European University Institute - Department of Law (LAW) ( email )

Via Bolognese 156 (Villa Salviati)
50-139 Firenze
ITALY

Hans-W. Micklitz (Contact Author)

European University Institute - Department of Law (LAW) ( email )

Via Boccaccio 121 (Villa Schifanoia)
I-50122 Firenze
Italy

Iain D. C. Ramsay

University of Kent - Kent Law School ( email )

Canterbury, Kent CT2 7NS
United Kingdom

Götz Lechner

affiliation not provided to SSRN

No Address Available

Anne Koark

affiliation not provided to SSRN

No Address Available

Thomas Roethe

European University Institute - Department of Law (LAW)

Via Bolognese 156 (Villa Salviati)
50-139 Firenze
ITALY

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