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.
Original language | English (US) |
---|---|
Pages (from-to) | 325-371 |
Number of pages | 47 |
Journal | American Bankruptcy Law Journal |
Volume | 65 |
State | Published - 1991 |