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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

10 JAN 2012

Charles Warren on Bankruptcy: a view from 1935

Charles Warren’s Bankruptcy in United States History (Harvard University Press, Cambridge, 1935) makes very valuable reading, particularly as the author divides his treatment between ‘The Period of the Creditor’ and ‘The Period of the Debtor.’ This Debtor Friendly or Creditor Friendly approach can be very useful when mulling on the advantages and disadvantages of particular procedures or approaches, i.e. fixed charge security or short periods before automatic discharge in bankruptcy.

The book is also worth quoting from, particularly its first line. It notes, “Bankruptcy is a gloomy and depressing subject. The law of bankruptcy is a dry and discouraging topic.” Fortunately this rather depressing start did not put the author off the task of completing his book!

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