New Emirates Personal Bankruptcy Law to Exclude Consumers

09/12/16

The government of the United Arab Emirates has announced that it is working on a personal insolvency law (to accompany an imminently forthcoming business restructuring law). That's the good news. The bad news is that the personal insolvency law is to be designed exclusively for the benefit of small business people and others (shareholders, directors, employees?) with debt distress related to business. As a news report incisively observes: "So while an owner of a small business whose company cheque bounces because of lost business will receive protection under the new law, an individual whose rent cheque bounced because of short-term cash flow problems, will not."

This is a disappointing and short-sighted approach. While small business absolutely contributes to the economy and warrants insolvency relief legislation, so do consumers with non-business debt. I am afraid this discrimination between business and non-business debt in insolvency legislation will be a trend in the developing world. This will set back efforts to revitalize non-fossil fuel sectors of the economy, and it will entrench great human suffering. Sad.

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