Research Paper Number

3/2015

Previously published in the Canadian Journal of Law and Society.

Document Type

Article

Publication Date

2015

Keywords

credit counselling; bankruptcy; over indebtedness; debt management; credit repair

Abstract

When debt becomes unmanageable, two options for a consumer debtor in Canada are: (1) enlisting the services of a bankruptcy trustee, and (2) becoming a client of a not-for-profit credit counselling agency. Each of these options is regulated differently and has public and private dimensions. At first glance, these two options might seem to illustrate the potential of multiple legal orders to better serve the public. In this paper, however, we argue, based on empirical research on the credit counselling industry, that while this pluralism has potential to facilitate debt relief in Canada, it has failed to do so. The lines between public and private options have been blurred to the point where they are difficult to discern, and the consumer debtor is ultimately disadvantaged.

Download

Request a copy that is accessible using assistive technology (link opens in a new window)

Share

COinS