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Commercial Associations and the Creation of a National Economy: The Demand for Federal Bankruptcy Law

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  • Hansen, Bradley

Abstract

Throughout the nineteenth century, merchants and manufacturers involved in interstate commerce sought federal bankruptcy legislation to overcome diverse and discriminatory state laws that raised the cost of credit and impeded interstate trade. In the last two decades of the nineteenth century, they formed a national organization to lobby for bankruptcy legislation. While many scholars have seen the passage of federal bankruptcy legislation as a response to the economic depression of the 1890s, this article shows that it was the formation of this national organization, rather than the economic crisis, that was the primary force behind the Bankruptcy Act of 1898.

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  • Hansen, Bradley, 1998. "Commercial Associations and the Creation of a National Economy: The Demand for Federal Bankruptcy Law," Business History Review, Cambridge University Press, vol. 72(1), pages 86-113, April.
    • Handle: RePEc:cup:buhirw:v:72:y:1998:i:01:p:86-113_07
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    Cited by:

    1. Mary Eschelbach Hansen, 2014. "Sources of Credit and the Extent of the Credit Market: A View from Bankruptcy Records, Mississippi 1929-1936," Working Papers 2014-09, American University, Department of Economics.
    2. Kanning, A.J., 2004. "Codification of the common law in the United States : An economic perspective," Discussion Paper 2004-009, Tilburg University, Tilburg Law and Economic Center.
    3. Mary Eschelbach Hansen & Nicolas L. Ziebarth, 2017. "Credit Relationships and Business Bankruptcy during the Great Depression," American Economic Journal: Macroeconomics, American Economic Association, vol. 9(2), pages 228-255, April.
    4. Marc Flandreau & Gabriel Geisler Mesevage, 2014. "The Separation of Information and Lending and the Rise of Rating Agencies in the United States," IHEID Working Papers 11-2014, Economics Section, The Graduate Institute of International Studies.
    5. Hansen, Mary Eschelbach & Hansen, Bradley A., 2012. "Crisis and Bankruptcy: The Mediating Role of State Law, 1920–1932," The Journal of Economic History, Cambridge University Press, vol. 72(2), pages 448-468, May.

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