Countries with a Bankruptcy law and some big brother shenanigans - 60 countries to date!

03 JUL 2009

In a nod to George Orwell I have been using Google Analytics to monitor blog visitor activity. I have been doing this to enable a focusing of content towards the core readership. I hope this does not put readers off! Do not worry I have not been selling your URL details to anyone! Interestingly the blog has attracted visits from sixty countries to date. Hello everyone thanks for visiting the blog! The countries are:

  • Andorra
  • Argentina
  • Australia
  • Austria
  • Belgium
  • Bermuda
  • Brazil
  • Canada
  • China
  • Colombia
  • Cyprus
  • Ecuador
  • Egypt
  • Estonia
  • Finland
  • France
  • Germany
  • Guernsey
  • Hong Kong
  • Hungary
  • India
  • Indonesia
  • Ireland
  • Israel
  • Italy
  • Jamaica
  • Japan
  • Jersey
  • Jordan
  • Latvia
  • Lithuania
  • Luxembourg
  • Malaysia
  • Mexico
  • Netherlands
  • New Zealand
  • Nigeria
  • Norway
  • Oman
  • Pakistan
  • Philippines
  • Poland
  • Portugal
  • Romania
  • Russia
  • Saudi Arabia
  • Singapore
  • South Africa
  • Spain
  • Sri Lanka
  • Sweden
  • Switzerland
  • Taiwan
  • Tanzania
  • Thailand
  • Trinidad and Tobago
  • Uganda
  • United Arab Emirates
  • United Kingdom

This has got me thinking - which of those countries have a bankruptcy law? As a legal historian I thought I would start at the beginning with my analysis. My oldest reference point to date (save for Hebrew, Greek, Roman and medieval sources) is Loveland (Loveland, FO. A Treatise on the Law and Proceedings in Bankruptcy. WH Anderson & Co, Cincinnati, 1899) who notes that the following countries had a bankruptcy law according to a Congressional Committee report of "notable value" (December 16th 1897 - The House Committee on the Judiciary of the Fifty-fourth Congress):

  • Argentina
  • Austria-Hungary
  • Belgium
  • Bolivia
  • Brazil
  • Costa-Rica
  • Denmark
  • England
  • France
  • Germany
  • Guatemala
  • Haiti
  • Honduras
  • Ireland
  • Italy
  • Liberia
  • Mexico
  • Netherlands
  • Norway
  • Paraguay
  • Portugal
  • Roumania
  • Russia
  • Scotland
  • Spain
  • Sweden
  • Turkey
  • Uruguay
  • Wales

The Committee did not ascertain whether there was a bankruptcy law in:

  • Chile
  • Columbia
  • Dominican Republic
  • Hawaii
  • Japan
  • Korea
  • Peru
  • Syria
  • Switzerland
  • Venezuela

Loveland notes, “It will be observed that, aside from China and possibly Japan, there are no countries of any considerable importance [how is this defined??] but what have bankruptcy laws in the modern sense of the word…In Guadeloupe there is no relief whatsoever for a bankrupt. In Siam there are no bankruptcy laws as we understand them.”

If any blog readers from the above countries would like to submit (by email: j.tribe@kingston.ac.uk) a 300 summary of the bankruptcy laws (or lack off) in their respective jurisdictions as they now stand I will happily publish the same on the blog. For a recent summary of Turkish insolvency law see: Baister, S & Altinsoy, E. The bankruptcy law of the Republic of Turkey (2009) C.R. & I,2(2), 67-70.
Thanks for reading and if any readers from particularly warm and exotic locations need a visiting lecturer for a month or so do please feel free to send over an invite!

Individual Voluntary Arrangements

Individual Voluntary Arrangements

"This is the ultimate statement of where the law on IVAs is to be found in our great common law...

Available in Insolvency Law Online
Bankruptcy and Personal Insolvency Reports

Bankruptcy and Personal Insolvency Reports

"BPIR is an excellent series, of interest to both corporate and personal insolvency lawyers,...

More Info from £166.00
Available in Insolvency Law Online