The fresh start goal of the bankruptcy act: giving a temporary reprieve or facilitating debtor rehabilitation?
Abstract
Providing debtors with the opportunity for a fresh start is popularly regarded as one of the main goals of bankruptcy legislation. However, there has been limited analysis of this goal. This article confirms that the fresh start is one of the main goals of the Australian Bankruptcy Act, and argues that this fresh start focuses on discharge of debt and does not explicitly address debtor rehabilitation. A review of the key goals could examine whether, and to what extent, rehabilitation should also be a focus of the fresh start in Australian bankruptcy law.
Published
Oct 23, 2014
How to Cite
HOWELL, Nicola.
The fresh start goal of the bankruptcy act: giving a temporary reprieve or facilitating debtor rehabilitation?.
QUT Law Review, [S.l.], v. 14, n. 3, oct. 2014.
ISSN 2201-7275.
Available at: <https://lr.law.qut.edu.au/article/view/553>. Date accessed: 01 feb. 2021.
doi: https://doi.org/10.5204/qutlr.v14i3.553.
Section
Articles - General Issue
Keywords
bankruptcy; Australian Bankruptcy Act;
Since 2015-12-04
Abstract Views
2159
PDF Views
3119
Until 2015-12-04:
Abstract Views
662
PDF Views
1114
Authors who publish with this journal retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License (CC-BY) that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
Articles in this journal are published under the Creative Commons Attribution Licence (CC-BY). This is to achieve more legal certainty about what readers can do with published articles, and thus a wider dissemination and archiving, which in turn makes publishing with this journal more valuable for authors.
