I'm going to do few posts about the book, starting today with an overview of the book.
Bankrupt in America
Though the U.S. Constitution granted it the power to create
a bankruptcy law, Congress did not pass the first permanent bankruptcy law until
1898. Bankruptcies rose from about one per 10,000 people annually in the first
decades of the twentieth century to about one per 300 people at the turn of the
twenty-first century. Bankrupt in America
explains the how bankruptcy evolved from an option that Congress seldom used, to
an indispensable tool for businesses, to a central element of the social safety
net for households, all in the span of a century. The analytical narrative unites
the history of how Americans have used bankruptcy with the history of the
bankruptcy law itself. The central argument is that bankruptcy law and
bankruptcy rates interact over time. Bankruptcy is the last in a series of
choices by debtors and creditors about borrowing, lending, repaying, and
collecting debt. Changes in federal bankruptcy law, in state and federal law
governing debtor-creditor relations, in local legal culture, and in the supply
of credit influence the choices and lead to changes in how the bankruptcy law
is used. Changes in how the bankruptcy
law is used give rise to changes in beliefs and in interest groups, which in
turn result in changes in the law. The interactions create an ongoing
historical process of institutional change. The book traces the interactions
over the twentieth century using a rich combination of statistics and
documents, including recently digitized bankruptcy statistics and stories
constructed from court case files.
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