Bankruptcy

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Bankruptcy guidance:

Note: This Precedent should be used in conjunction with an application notice template that complies with the Insolvency (England and Wales) Rules 2016, SI 2016/1024—see:...

Precedents

This Practice Note explains when a general assignment of book debts by a bankrupt prior to their bankruptcy is invalid. See also Practice Note: Unenforceability of liens...

Practice Note

Before the hearing of the creditors’ bankruptcy petition takes place, there are a number of steps that must be taken to comply with the procedural requirements set out in...

Practice Note

Note This table provides a summary of individual personal and debt management processes from a dispute resolution perspective. Name of processNature of processEffect on...

Practice Note

In any insolvency situation, there are a number of parties involved that require legal advice and, in certain circumstances, parties with common interests may choose to...

Practice Note

Bankruptcy in England and Wales is a process by which the court or the bankruptcy adjudicator adjudicates an individual bankrupt by making a bankruptcy order. While a...

Practice Note

Conditions for making a bankruptcy order When hearing a bankruptcy petition and deciding whether a bankruptcy order should be made, the court needs to be satisfied that...

Practice Note

Coronavirus (COVID-19) This content is affected by the coronavirus (COVID-19) pandemic. For further details, take a look at our Coronavirus (COVID-19) toolkit. For...

Practice Note

Once the bankruptcy petition and supporting documents have been presented (or issued) at court, the first step the petitioning creditor will need to take is to effect...

Practice Note

Coronavirus (COVID-19) This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and processes as a result...

Practice Note

Bankruptcy in England and Wales is the process whereby an individual is found to be insolvent, and that they should enter a formal process allowing the assets comprising...

Practice Note

When a company or individual is in financial difficulties, a mortgagee will commonly seek to enforce their security by appointing a receiver where they are permitted to...

Practice Note

This Practice Note is a summary of bankruptcy and its impact on legal proceedings from a dispute resolution perspective. Coronavirus (COVID-19) This content contains...

Practice Note

Brexit impact This Practice Note is impacted by the decision of the UK on 23 June 2016 to leave the European Union. For further details, see Practice Note: Brexit—impact...

Practice Note

This Practice Note has been archived and is not maintained. The Small Business, Enterprise and Employment Act 2015 (SBEEA 2015) received Royal Assent on 26 March 2015 and...

Practice Note

The gap in the insolvency legislation It is a striking gap in the drafting of the insolvency legislation that the effects of the making of a bankruptcy order on an...

Practice Note

The purpose of a bankruptcy order is two-fold: • firstly, it is to secure the bankrupt's estate for the benefit of the bankrupt's creditors so that it can be realised to...

Practice Note

ARCHIVED: This Practice Note has been archived and is not maintained. The Insolvency (England and Wales) Rules 2016, SI 2016/1024 (IR 2016) were laid before Parliament on...

Practice Note

ARCHIVED: This Practice Note has been archived and is not maintained. The Insolvency (England and Wales) Rules 2016, SI 2016/1024 (IR 2016) were laid before Parliament on...

Practice Note

ARCHIVED: This Practice Note has been archived and is not maintained. The Insolvency Rules 2016—coming into force and changes The Insolvency (England and Wales) Rules...

Practice Note

ARCHIVED: This Practice Note has been archived and is not maintained. The Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 were laid before Parliament on...

Practice Note

Trustee in bankruptcy’s remuneration The trustee in bankruptcy (trustee) will usually look to the estate for their remuneration. The remuneration of the trustee is an...

Practice Note

General duties of the trustee in bankruptcy The main function and duty of a trustee in bankruptcy (trustee) is to get in, realise and distribute the bankrupt's estate in...

Practice Note

Court Reference No: [INSERT COURT REF. NUMBER] [IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [INSERT LOCATION]] INSOLVENCY AND...

Precedents

Applicant: [insert initials and surname]: 1st: (exhibits).1–4: [insert date] 20[insert year] Court Reference No: [INSERT COURT REF. NUMBER] [IN THE HIGH COURT OF JUSTICE...

Precedents

Petitioning Creditor 1st: [NAME] Exhibit: [INSERT] Dated: [INSERT] Court Reference No: [INSERT COURT REF. NUMBER] [IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY...

Precedents
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