The local injustice of bankruptcy: geographical variation in access to debt relief within England

Spooner, Joseph ORCID: 0000-0001-5184-3022 and Schwartz, Saul (2025) The local injustice of bankruptcy: geographical variation in access to debt relief within England. Journal of Law and Society. ISSN 0263-323X (In Press)

Text (Local Injustice of Bankruptcy_LSERO Version 20250724) - Accepted Version Pending embargo until 1 January 2100. Available under License Creative Commons Attribution. Download (807kB)

Abstract

Personal insolvency law offers a vital safety net for individuals in financial difficulty. Nonetheless, disparities arise in access to the benefits of debt relief offered by insolvency law. In a context of geographical inequality and local gaps in access to justice, our study explores the substantial variation in personal insolvency rates across English local authority districts (LADs) – both in terms of total personal insolvencies, and in the proportion of insolvencies composed of longer-term, expensive repayment plans (Individual Voluntary Arrangements, ‘IVAs’) compared to rapid debt discharge procedures (Bankruptcy and Debt Relief Orders). Our original empirical study produces a model that, as expected, explains much of the local variation in total insolvencies and finds that insolvency rates are higher in LADs with lower median income levels. Crucially, however, economic variables do not explain local variation in the proportion of insolvencies composed of IVAs. Indeed, despite IVAs being designed for higher income ‘can pay’ debtors, the IVA proportion is higher in LADs with lower median income levels. These findings imply that IVAs are not ‘rationally sorted’ based on economic conditions and add important evidence to the case for reforming personal insolvency law to address apparent inefficiencies and unfairness.

Item Type:	Article
Additional Information:	© 2025 The Author(s)
Divisions:	Law School
Subjects:	K Law H Social Sciences > HG Finance
Date Deposited:	24 Jul 2025 10:27
Last Modified:	24 Jul 2025 11:54
URI:	http://eprints.lse.ac.uk/id/eprint/128921

Actions (login required)

View Item