Insolvency Counselling--Innovation Based on the Fourteenth Century
Bibliographic Data
| ID | 7095156 |
|---|---|
| Authors | Carol Ann Revett Curnock (corresponding author), Carol Ann Curnock |
| Year | 1999 |
| Volume | 37 |
| Issue | 1 |
| Pages | 387-407 |
| Publication date | 1999-04-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Osgoode Hall law journal (JOURNAL) |
| Journal identifiers | ISSN: 0030-6185 • E-ISSN: 2817-5069 |
| Publisher | Routledge (PUBLISHER • GB) |
| DOI | 10.60082/2817-5069.1542 |
| OpenAlex | W2404969827 |
| Language | EN |
| Citations received | 1 |
| References cited | 2 |
In the fourteenth century, poverty (previously viewed as a virtue) was redefined by both church and state as illegal and immoral. This view persists in Canada today. The 1992 amendments to the Bankruptcy and Insolvency Act (BIA) included a provision that makes two counselling sessions mandatory for all persons going through bankruptcy. The author reviews The BIA Insolvency Counsellor's Qualification Course that was developed in support of this amendment, and concludes that it is not up to the task. The mandatory counselling presumes a bankrupt person's irresponsibility, addiction, and need for referral to community service agencies. However, these presumptions are based on inadequate data and unsupported assumptions about the lives and characters of bankrupt persons. They are not derived from an unbiased, accurate assessment of a bankrupt person's learning needs. The author suggests that, rather than being innovative, Canada's approach to bankruptcy perpetuates a fourteenth century stereotype of people in financial difficulty
Bankruptcy · Business · Insolvency · Political science · Poverty · Service (business · State (computer science · Virtue · Law · Multicultural Socio-Legal Studies
| Unique citing works | 1 |
|---|---|
| Citations per year | 0,05 |
| Citation span | 2007 - 2007 (1) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 1 |