Erstellt von Mark Varela
vor fast 11 Jahre
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Governed by Insolvency Act 1986 as amended by Enterprise Act 2002 | Debtor must owe at least £750 Statutory demand not complied with within 3 weeks |
Official receiver takes control of debtors property | Trustee in bankruptcy may be appointed as insolvency practitioner at meeting of creditors |
Trustee realises and distributes bankrupt's estate | Debtors entitled to retain 'tools of their trade inc. vehicle if needed for employment |
Enterprise Act 2002 made changes to extent which home is part of bankrupt's estate | Creditors do not normally get all their money back |
Trustee converts bankrupt's property into money to pay debts | 1. Costs of bankruptcy 2. Preferential debts 3. Ordinary unsecured creditors |
Normally continues for 12 months under Enterprise Act 2002 | Disqualifications include acting as company director and obtaining credit > £500 without disclosure |
Liquidation brings existence of company to an end and administers property to creditors | Liquidator take control of company, collects assets, pays debts, and distributes surplus to members |
Alternatives to liquidation: 1. Administration - administrator runs company as going concern | 2. Voluntary arrangement - satisfactory settlement between company and creditors |
Company is dissolved and removed from Register of Companies | Creditors have to make formal claim to recover their money |
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