Publication at Faculty of Law |
2021
Abstract
Examining the debtor's reckless approach is an important regulatory mechanism throughout the discharge process. Despite the considerable importance of this concept, it has not yet received proper attention.
This article attempts to fill an existing gap in the scientific literature. The legislation gives courts a wide margin of discretion when assessing recklessness.
Despite the wording shortcomings contained in the Insolvency Act, courts act quite consistently in assessing the debtor's recklessness.