The Historical Evolution of the Bankruptcy Discharge

American Bankruptcy Law Journal, Vol. 65, pp. 325-71, 1991

47 Pages Posted: 28 Oct 2013

See all articles by Charles Jordan Tabb

Charles Jordan Tabb

University of Illinois College of Law

Date Written: 1991

Abstract

This article traces how the discharge in the United States became such a central part of our bankruptcy scheme. Specifically, the article examines the evolution of the bankruptcy discharge from the inception of the Anglo-American bankruptcy laws in 1542 until the first part of this century, by which time the fundamental shape of our current discharge laws had been formed. This article concludes with a review of some fine-tuning of the discharge provisions in 1903, which show a very slow and uneven evolution in bankruptcy law from its origins as a creditors’ collection remedy to the powerful debtor relief system in effect in our country in this century.

Suggested Citation

Tabb, Charles Jordan, The Historical Evolution of the Bankruptcy Discharge (1991). American Bankruptcy Law Journal, Vol. 65, pp. 325-71, 1991, Available at SSRN: https://ssrn.com/abstract=2312573

Charles Jordan Tabb (Contact Author)

University of Illinois College of Law ( email )

504 E. Pennsylvania Avenue
Champaign, IL 61820
United States
217-333-2877 (Phone)
217-244-1478 (Fax)

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
407
Abstract Views
1,326
Rank
125,819
PlumX Metrics