Debtors Prison, A Brief History of Bankruptcy

In Ancient Israel, every 7th year (Sabbatical year) thefrom imprisonment.
debtors were forgiven some of their debt and everyIn 1283 authorizing the seizure of debtor's assets to
50 years (the Jubilee year) all debts were to besatisfy debt. If the assets seized were insufficient to
discharged, some mortgages released and allsatisfy the debt, then imprisonment of the debtor was
indentured servants and slaves were to be released. Inincurred until the debt was paid.
the meantime, the family members had the right toIn 1542 in England, the first known bankruptcy law was
make payments on any property or persons that hadpassed to give creditors options against debtors who
been seized to satisfy the debt.did not pay their debts. Under this law, the debtors
In Ancient Greece and Republican Rome, debtorswere considered criminals.
suffered death, slavery, mutilation, imprisonment orIn 1570, England passed its second bankruptcy law,
exile. Roman Republic Law allowed multiple creditorsamong other things; bankruptcy was initiated by the
to exhibit a debtor in the forum for three days andcreditor and involuntary for the debtor. Once the
divide the debtor up into pieces to satisfy the debt.debtor's assets were seized, sold and distributed to
Evidence exists suggesting multiple creditors could alsothe creditors the debtor was not relieved of the debt
seize a deceased debtors corpse and hold it ransomand creditors could continue their collection efforts.
from the debtor's heirs until the debt was satisfied.English debtors prior to 1705 rarely knew forgiveness
As Rome became an empire, approximately theof debt.
second century AD, debtor slavery had beenEngland enacted a statute in which creditors could
abolished, debtor prison continued to exist. The debtorreceive a full discharge of debts, while being able to
could be held for ransom until friends and family of theretain exempt property provided certain conditions
debtor paid the debt.were met.
In the middle ages, the church proclaimed debt andIn 1823 when Charles Dickens was 12 years old, his
insolvency sinful. Debtors were subject tofather was sent to debtor's prison at Marshalsea.
excommunication while alive or denial of a ChristianCharles started working in a boot factory for 10-hour
burial upon death. Punishment of debtors wasdays to pay for his lodging and help support his family.
necessary to assist the land-owning and religious rulingDebtors act of 1869 is an English statute that abolished
classes in maintaining their power.imprisonment for debt except in certain cases, as
The first bankruptcy laws arose in the late middlewhen a debtor owed a debt to the Crown or a debtor
ages. The laws provided the protection of fraudhad money but refused to pay. The statute also made
against creditors stemming from an inequitableit a misdemeanor to obtain credit under false
distribution of assets and the protection of the debtorpretenses or to defraud creditors.