Witness statement in support of an application by an insolvency office-holder under sections 234, 235, 236, 365 and 366 of the Insolvency Act 1986 to obtain property, information and/or documentation

Published by a LexisNexis Restructuring & Insolvency expert
Precedents

Witness statement in support of an application by an insolvency office-holder under sections 234, 235, 236, 365 and 366 of the Insolvency Act 1986 to obtain property, information and/or documentation

Published by a LexisNexis Restructuring & Insolvency expert

Precedents
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Applicant(s): [insert initials and surname]: [insert number of witness statement eg 1st] Exhibit: [insert exhibit description]: Date: [insert date of witness statement]

CASE NO: [insert case number]

[IN THE HIGH COURT OF JUSTICE

BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES

INSOLVENCY AND COMPANIES LIST (ChD)

OR

IN THE HIGH COURT OF JUSTICE

BUSINESS AND PROPERTY COURTS IN [insert location]

INSOLVENCY AND COMPANIES LIST (ChD)

OR

IN THE COUNTY COURT AT [insert location]]

[IN THE MATTER OF [insert company’s name]

OR

IN THE MATTER OF [insert bankrupt’s name]

IN BANKRUPTCY]

AND IN THE MATTER OF THE INSOLVENCY ACT 1986

BETWEEN

  1. [Insert name(s) of the OFFICE-HOLDER(s)]        Applicant(s)

  1. AND

  1. [Insert name(s) of the respondent(s)]        Respondent(s)

[INSERT NUMBER] Witness statement of [Insert name OF OFFICE-HOLDER]

I, [insert name of the office-holder] of [insert the office-holder's business address] WILL SAY as follows:

General

    1. 1

      I am a [insert position] in [insert the

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Jurisdiction(s):
United Kingdom
Key definition:
Insolvency definition
What does Insolvency mean?

This can be defined by two alternative tests (Insolvency Act 1986, s 123):

cash flow test: a company is solvent if it can pay its debts as they fall due, no matter what the state of its balance sheet (Re Patrick & Lyon Ltd [1933] Ch 786);

• balance sheet test: a company which can pay its debts as they fall due may be insolvent if, according to its balance sheet, liabilities (including contingent liabilities) exceed assets.

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