The Meta-Encyclopedia

Bankruptcy Laws

Collier's New Encyclopedia (1921)

regulations passed by a competent authority with a view to distributing the property of an insolvent equitably aitably among his creditors and free the debtor from further obligation. In England, before 1841, only a tradesman could be a bankrupt. The distinction was then abolished. It was abolished in the United States in 1869. The act "to establish a uniform system of bankruptcy throughout the United States," was passed by both houses of the 55th Congress, and by the approval of President McKinley, became a law on July 1, 1898. It was subsequently amended in 1903, 1906, 1910, 1911, 1915, and 1917. The provisions under which a man can be thrown into bankruptcy against his will are as follows: (1) Where a man has disposed of his property with intent to defraud. (2) Where he has disposed of his property to one or more creditors to give a preference to them. (3) Where he has given a preference through legal proceedings. (4) Where a man has made a voluntary assignment for the benefit of his creditors generally. (5) Where a man admits in writing that he is bankrupt. The last two provisions are practically voluntary proceedings. Under the common law, a man is considered insolvent when he cannot pay his debts when they are due; under the new law, he is deemed insolvent only when his property, fairly valued, is insufficient to pay his debts. Only two offenses are cited under the new law: one when property is hidden away after proceedings in bankruptcy have been begun, and the other when perjury is discovered. Discharges are to be denied in only two cases; one, in which either of the offenses detailed has been committed, and the other, when it is shown that fraudulent books have been kept. The term of imprisonment for either of these offenses is not to exceed two years.

What Has Changed in the Last Century

The 1898 act that Collier's described in 1921 as "the new law" was patched repeatedly (including the sweeping Chandler Act of 1938) and then repealed outright by the Bankruptcy Reform Act of 1978, whose Bankruptcy Code took effect on 1 October 1979 and still governs American cases through its familiar Chapter 7, Chapter 11 and Chapter 13 proceedings. The five "acts of bankruptcy" listed here as grounds for forcing a debtor into bankruptcy are gone: an involuntary petition now generally turns on the debtor simply not paying debts as they come due, reversing the definition of insolvency Collier's singled out as the innovation of 1898. Congress added a means test for consumer filings in 2005, which pushes better-off debtors from Chapter 7 liquidation into repayment plans. In England the framework Collier's traced from 1841 was rebuilt by the Insolvency Act 1986, under which "bankruptcy" applies only to individuals, companies instead entering administration or liquidation.

Written for this edition, 2026.