Trustees at Work explores the role of bankruptcy trustees in determining who qualifies as a deserving debtor under Canadian personal bankruptcy law. The idea of a deserving debtor is reflected in the law governing the bankruptcy and insolvency system, which seeks to provide debt relief to the deserving while withholding it from the undeserving. In practice, however, bankruptcy trustees focus largely on how cooperative debtors are during the legal process in order to determine deservingness. This book draws on interviews and statistical data to expand the research on insolvency professionals and examines the legal constraints and emotional pressures they face.
"Mortgages, student loans, credit cards: debt is a ubiquitous component of daily life in Canada. But our attitudes toward debt, and the people who incur it, are complex. "Trustees at Work" explores the role of bankruptcy trustees in determining who qualifies as a deserving debtor under Canadian personal bankruptcy law. When debt becomes unmanageable, the bankruptcy and insolvency system provides relief--though not to everyone. The architects of the system have restricted access to this benefit by developing methods to distinguish deserving from undeserving debtors. The idea of a deserving debtor is reflected in the law governing the bankruptcy and insolvency system, which seeks to provide debt relief to the deserving while withholding it from the undeserving. In practice, however, trustees tasked with administering bankruptcies focus largely on how cooperative debtors are during the legal process in making their determinations of deservedness. Using insights from the sociology of emotion, Anna Jane SamisLund reveals how carrying out emotional labour shapes an insolvency professional's assessments of a debtor's deservingness. "Trustees at Work" also includes interviews and statistical data that update and expand the research on insolvency professionals. Ultimately, it shows how insolvency trustees' conceptions of a deserving debtor are shaped by the financial, legal, and emotional contexts in which they work."--
Trustees at Work explores the role bankruptcy trustees play in determining who qualifies as a deserving debtor under Canadian personal bankruptcy law. The idea of a deserving debtor is woven throughout bankruptcy law, with debt relief being reserved for those debtors deemed deserving. The legislation and case law invite trustees to assess debtors based on their pre-bankruptcy choices, but in practice, trustees evaluate debtors based on how cooperative the debtors are during bankruptcy proceedings. This book uses interviews and statistical data to explain how the financial and emotional pressures of trustees? work shape their decision-making process.
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