Abstract
AbstractThe concept of a “fresh start” for individual debtors has been introduced in the Netherlands in 1998. Until then a natural person could be pursued for the debts he could not pay indefinitely. Their position was not different from the unfortunate debtors in many European countries to day. The entrance to the “fresh start‐ procedure” in the Netherlands is surrounded by impediments, the access is linked to the debtor in good faith, but after three years the fresh start comprises all debts (except student loans), none excluded. In the United States the fresh start doctrine is long established law, the entrance is easy, but many debts may be excluded. Because of public dissatisfaction in both countries the concept has changed. In the Netherlands many debts may now be excluded from the fresh start and in the United States a means test has been introduced. The two concepts of a fresh start for the natural person in both countries, originally so differnt in approach, now converged. Will the twain meet? Copyright © 2008 John Wiley & Sons, Ltd.
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
