Preview: Personal Insolvency by Dr James O’Donovan, in discussion with Dr Paulina Fishman

Preview: Personal Insolvency by Dr James O’Donovan, in discussion with Dr Paulina Fishman

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Published on: [05.12.2024] What is personal insolvency, and how does it differ from corporate insolvency? How can consumers and small business owners deal with insolvency, without going bankrupt? What taxation advantages can be obtained by debtors and creditors through writing off bad debts and by taking advantage of the commercial debt forgiveness regime exemption?

Dr James O’Donovan (Author, Perth) in discussion with Dr Paulina Fishman (Lecturer, Deakin Law School, Melbourne), talks about his book Personal Involvency (Federation Press, 2024). It is not a treatise on bankruptcy law. Rather, it adopts a positive attitude to dealing with personal insolvency in ways to benefit both debtors and creditors. It is intended to serve as a bridge between insolvent consumers and small business owners and their lawyers and financial advisers.

Discussion Includes:

• What is Insolvency?
• Why personal insolvency?
• Contributing factors to the current financial climate
• Current data
• Which audience is the book aimed at?
• Unique qualities of the book
• The Equity of Exoneration
• Security Interests in Circulating Assets
• How can consumers and small business operators extinguish debts and protect family assets?
• What reforms are needed?

Presenter Profiles

Dr Paulina Fishman Dr James O’Donovan

BIBLIOGRAPHY

Cases

• Lavin v Toppi [2015] HCA 4

Legislation

• Australian Securities and Investments Commission Act 2001 (Cth)
• National Consumer Credit Protection Act 2009 (Cth)
• Bankruptcy Act 1966 (Cth)
• Personal Property Securities Act 2009 (Cth)