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Victorian InsolvencyBankruptcy, Imprisonment for Debt, and Company Winding-up in Nineteenth-Century England$
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V. Markham Lester

Print publication date: 1995

Print ISBN-13: 9780198205180

Published to Oxford Scholarship Online: October 2011

DOI: 10.1093/acprof:oso/9780198205180.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 20 January 2022

Insolvency outside Bankruptcy: Imprisonment for Debt in the Nineteenth Century

Insolvency outside Bankruptcy: Imprisonment for Debt in the Nineteenth Century

Chapter:
(p.88) 3 Insolvency outside Bankruptcy: Imprisonment for Debt in the Nineteenth Century
Source:
Victorian Insolvency
Author(s):

V. Markham Lester

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198205180.003.0003

This chapter examines the policy of imprisonment for debt in England during the 19th century. During this period, imprisonment for debt as a method of debt collection slowly came to be used exclusively by creditors of small debtors. This evolution may be attributed to the establishment of legal bankruptcy, which led debt collection to operate as a dual system. Under this system, bankruptcy was limited to traders and they could avoid imprisonment or have their pre-bankruptcy debts discharged. However, for those non-trader not covered by legal bankruptcy, there was little protection and they could be arrested and imprisoned even before their creditor could obtain a judgement against them.

Keywords:   imprisonment, debt collection, legal bankruptcy, creditors, debtors

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