Contents. Table of Statutes. Table of Secondary Legislation. Table of Cases. Understanding Undefended Debt Claims. Enforcement of Money Judgments



Similar documents
Personal Insolvency. Level 4. Credit value 7. Learning outcomes. Assessment criteria. Knowledge, understanding and skills.

Personal insolvency. Level 4. Credit value 7. Learning outcomes. Assessment criteria. Knowledge, understanding and skills.

Contents. Table of Statutes. Table of Secondary Legislation. Table of Cases. Pre-action Conduct of Litigation

Employer s Liability in a Practical Context

LEVEL 4 - UNIT 8 PERSONAL INSOLVENCY SUGGESTED ANSWERS - JANUARY 2015

Pre-action Conduct of Litigation

Preliminary Considerations. This chapter will enable you to achieve the following learning outcomes from the CILEx syllabus:

Sample. Equitable Remedies: Specific Performance. 2.1 Introduction. Aims of this Chapter. Jenny wins the lottery. Outline

Court fees are payable at the time you file any document or commence any process requiring a fee, unless otherwise stated.

How To Understand The Law Of Germany

Discharge from bankruptcy

Court fees are payable at the time you file any document or commence any process requiring a fee, unless otherwise stated.

How To Pay Court Fees In The Civil Courts

Chapter 2: Negligence: The Duty of Care General Principles and Public Policy

Debt Recovery Guidance Page 1 of 5

NOTE - This document is provided for guidance only and does not purport to be a legal interpretation. PERSONAL INSOLVENCY ACT 2012

Insolvency & Debt Recovery Glossary of Terms

Business Debtline BANKRUPTCY

Assets Anything that belongs to the debtor that may be used to pay his/her debts.

A Guide for Creditors

Taxation & Enforcement Service. Policy Document on the use of Insolvency Proceedings (bankruptcy & liquidation) and Charging Orders

Alternatives to bankruptcy

2.1 Introduction 2.2 Medical bodies and personnel 2.3 Medical specialities 2.4 Parts of the body 2.5 Common injuries in personal injury cases.

IMPORTANT THIS GUIDANCE SHOULD ONLY BE USED FOR PROGRAMMES FROM 1 April Debt Arrangement Scheme (DAS) Business DAS

Briefing Note: Enforcement of a Judgment

Business Rates Service Revenues and Benefits Unit Debt Recovery Policy 2015/16

Report No. 58 of the Director of Audit Chapter 5

ICAEW CERTIFICATE IN INSOLVENCY SYLLABUS JULY 2013

Insolvency and. Business Recovery. Procedures. A Brief Guide. Compiled by Compass Financial Recovery and Insolvency Ltd

THE END OF A BANKRUPT'S PERIOD OF BANKRUPTCY

Dealing with Debt How to petition for your own bankruptcy

Council Tax Service Revenues and Benefits Unit Debt Recovery Policy 2015/16

Clients Copy. Terms and Conditions of Business

Council Tax Collection and Recovery Policy

Consequential Changes to the General Dental (Constitution) Order 2009

Dealing with Debt. How to petition for your own bankruptcy

The Creditors Guide to Insolvency. Kindly Provided by

SCHEDULE OF OPTIONS AVAILABLE TO INDIVIDUALS IN FINANCIAL DIFFICULTY

Debt Recovery Services

INSOLVENCY (BANKRUPTCY & LIQUIDATION) AND CHARGING ORDER POLICY

Dealing with Debt. How to petition for your own bankruptcy

Bankruptcy and Restructuring

What is an individual voluntary arrangement (IVA)?

A Guide to Personal Insolvency in Hong Kong

A Guide to a Debt Relief Notice ( DRN )

Business Debtline

Guidance. Guide to Debt Relief Orders. When, Where, How, Who, What

RESPONSE TO LRC PERSONAL DEBT MANAGEMENT AND DEBT ENFORCEMENT REPORT. Chapter 1: Personal Insolvency Law: Debt Settlement Arrangements

If instalments are not paid as they are due a reminder will be sent requiring payments to be brought up to date within 7 days.

A Guide to a Debt Settlement Arrangement ( DSA )

Bankruptcy and Diligence etc. (Scotland) Bill [AS INTRODUCED]

Statutory Demand under section 268(1)(a) of the Insolvency Act Debt for Liquidated Sum Payable Immediately

A voluntary bankruptcy under the BIA commences when a debtor files an assignment in bankruptcy with the Office of the Superintendent of Bankruptcy.

APPENDIX B A CREDITORS GUIDE TO ADMINISTRATORS REMUNERATION SCOTLAND

Debt Recovery. The Complete Law firm.

Insolvency: a guide for directors When Where How - What

ENGLISH BANKRUPTCY PROCEDURE GUIDE. A bankruptcy is deemed to commence on the date of the bankruptcy order.

Dealing With Debt. How to petition for your own bankruptcy

Understanding our Legal Process. How to get the most out of your Invoice Finance facility

2016 No. 187 INSOLVENCY, ENGLAND AND WALES. The Insolvency (Amendment) Rules 2016

OPERATIONAL SELECTION POLICY OSP32 RECORDS RELATING TO COURT ACTIONS FOR INDIVIDUAL INSOLVENCY (CASE FILES & DATASETS)

A CREDITORS GUIDE TO INSOLVENCY PRACTITIONERS FEES

Company Voluntary Arrangements and Administrations

insolvency newsletter

KEMP & KEMP PRACTICE NOTES: INSOLVENT DEFENDANTS Simon Edwards

Debt Recovery using protocols in tough times. Presented by: Horsfields 10 February 2012

Glossary of Terms: Insolvency and Restructuring

Insolvency: a guide for directors When Where How - What

Personal Bankruptcy and the Individual Voluntary Arrangement Process

Scheme of Personal Insolvency Bill. Additional Documentation. Worked Examples

How To Get A Debt Out Of The Council

Bankruptcy: trustee's right of inquiry

Are all my debts included in the bankruptcy?

STATEMENT OF INSOLVENCY PRACTICE 3.3 (SCOTLAND)

BANKRUPTCY LAW IN THE KINGDOM OF THAILAND

STANDARD CONDITIONS FOR INDIVIDUAL VOLUNTARY ARRANGEMENTS. Produced by the IVA FORUM

INSOLVENCY PRACTITIONERS ASSOCIATION CERTIFICATE OF PROFICIENCY IN PERSONAL INSOLVENCY. Examination Tuesday 2 June 2009

Glossary of terms. Bond Quasi fidelity insurance needed by a person who acts as an insolvency practitioner.

EXPLANATORY MEMORANDUM TO THE DEBT RELIEF ORDERS (DESIGNATION OF COMPETENT AUTHORITIES) (AMENDMENT) REGULATIONS No.

LEVEL 4 - UNIT 5 CORPORATE INSOLVENCY SUGGESTED ANSWERS JUNE 2015

Nottingham City Council. Council Tax Recovery COLLECTION STRATEGY

This form is divided into 5 parts.

What is insolvency? SECTION. SECTION 8: page 1 of 8. Available on on Independent of of Nationwide.

Changes To The Bankruptcy Laws In Scotland

STANDARD CONDITIONS FOR INDIVIDUAL VOLUNTARY ARRANGEMENTS. Produced by the IVA FORUM

Limited companies. Identifying a limited company. Liability for limited company debts. Information: formal insolvency proceedings.

Nowhere to run: insolvency is no protection from possession proceedings. SEPTEMBER 2011 Peter Marcus

Debt Solution Overview 2

Guide to Debt Collection in Scotland

Gemini Debt Recovery. Corporate Debt Recovery & Collections Certificated Bailiffs. Our Services

County Court Fees - Including fees for family cases - From 1 October To issue a claim form where your claim is for money only and the amount is:

Listing Agents and Corporate Advisers

A Guide to Business Rates. February 2011

Thailand. Rapinnart Prongsiriwattana, Suntus Kirdsinsap, Rawin Herabat. Weerawong, Chinnavat & Peangpanor Ltd

COMPLIANCE MANAGER APPLICATION FORM

Guide to Bankruptcy. When - Where - How - What

INSOLVENCY PRACTITIONERS ASSOCIATION CERTIFICATE OF PROFICIENCY PERSONAL INSOLVENCY

REVENUES DEBT RECOVERY POLICY

Factsheet. Bankruptcy. e y. i c e. Make Every Count. The information and benefit rates in this leaflet are correct at April 2009

THE INSOLVENCY AND BANKRUPTCY BILL, 2015 INDIA JURIS. International Law Firm Advocates & Corporate Legal Consultants A Full Service Law Firm

Transcription:

Contents Table of Statutes Table of Secondary Legislation Table of Cases Chapter 1: Understanding Undefended Debt Claims 1.1 Definition of debt 1.2 Introduction 1.3 Taking instructions 1.4 Tracing debtors 1.5 Bulk debt collection 1.5.1 Debt collection practices and harassment 1.6 Claiming interest in debt claims 1.6.1 Contractual interest 1.6.2 Discretionary interest 1.6.3 Interest on late payment of commercial debts 1.6.4 Claiming interest in the particulars of claim 1.7 Letter of claim 1.7.1 Consumer debt 1.7.2 Commercial debt 1.8 Parties to a claim 1.9 Statements of case 1.9.1 Particulars of claim in contract 1.9.2 Particulars of claim in a simple debt action 1.10 Issue of proceedings (Civil Procedure Rules Part 7) 1.10.1 Points to bear in mind 1.10.2 Northampton Bulk Centre 1.11 Failure to serve claim form within time limit 1.12 Limitation 1.12.1 Limitation and enforcement 1.13 Which court? 1.14 Processing by the court 1.15 Methods of service of the claim form 1.16 Service out of the jurisdiction 1.17 Response of defendant 1.17.1 The defendant wishes to defend the claim 1.17.2 The defendant wishes to challenge the court s jurisdiction 1.17.3 The defendant admits the claim 1.17.4 The defendant does not respond 1.17.5 Setting aside a default judgment 1.18 Northampton Bulk Centre 1.19 Summary Chapter 2: Enforcement of Money Judgments 2.1 Introduction 2.2 The preliminaries 2.2.1 Is judgment debt due and enforceable? 2.2.2 Time for payment 2.2.3 Has the judgment been served? 2.2.4 Has the judgment debtor appealed and sought a stay of execution? i

2.2.5 Has the judgment debtor applied to set aside the judgment and sought a stay of execution? 2.2.6 How old is the judgment? 2.2.7 Deciding on the method of enforcement 2.3 The judgment debtor s assets 2.4 Obtaining information about the debtor s assets 2.4.1 Order to obtain information Part 71 2.4.2 Public registers 2.5 Methods for enforcing a money judgment 2.5.1 Execution against goods 2.5.1.1 Warrant of execution in the County Court 2.5.1.2 Interpleader proceedings 2.5.2 Third party debt orders Civil Procedure Rules Part 72 2.5.3 Charging orders on land Civil Procedure Rules Part 73 2.5.4 Attachment of earnings County Court only 2.5.4.1 Procedure 2.5.4.2 Applying for an attachment of earnings order 2.5.4.3 What does the court do when it receives an application for an attachment of earnings order? 2.5.4.4 Court officer considers statement of means 2.5.4.5 Attachment of earnings order sent to the parties and judgment debtor s employer 2.5.5 Writ of sequestration 2.5.6 Order of committal (Civil Procedure Rules Part 81) 2.6 Tribunals Courts and Enforcement Act 2007 2.7 Summary Chapter 3: Debt and the Individual: an Overview 3.1 Introduction 3.2 Debt relief orders 3.3 Individual insolvency 3.3.1 Individual voluntary arrangements (IVAs) 3.3.2 Bankruptcy 3.4 Other debt management procedures 3.4.1 Debt management 3.4.2 County Court administration orders 3.4.3 Enforcement restriction orders 3.4.4 Debt repayment plans 3.5 Summary Chapter 4: Debt Relief Orders 4.1 Introduction 4.2 The effect of a debt relief order 4.3 Who is eligible to apply 4.4 Qualifying debts 4.5 Application for a debt relief order 4.6 The approved intermediary authorised debt advisers 4.7 Competent authorities 4.8 Consequences of making a debt relief order ii

4.9 Debt relief restrictions undertakings/debt relief restrictions order 4.10 Duration of the debt relief order 4.11 The Individual Insolvency Register 4.12 The role of the court in a debt relief order 4.13 Challenging a debt relief order 4.14 Applications for an enquiry 4.15 Summary Chapter 5: Individual Voluntary Arrangements 5.1 Introduction 5.2 Purpose of an individual voluntary arrangement 5.3 Who can propose an IVA? 5.4 Does a debtor who proposes an IVA get any protection from his creditors? 5.5 Proposing and approving an IVA 5.5.1 Composition or scheme of arrangement 5.5.2 Duration of an individual voluntary arrangement 5.5.3 The Straightforward Consumer IVA Protocol 5.5.4 Exiting bankruptcy via a fast track IVA 5.5.5 The effect of an IVA 5.6 The mechanics of an individual voluntary arrangement 5.6.1 The debtor s proposal 5.6.2 Applying for an interim order 5.6.2.1 Evidence in support 5.6.2.2 Service 5.6.2.3 The court s role 5.6.3 Alternative procedure: interim order not requested 5.7 The meeting of creditors 5.8 Challenging an IVA 5.9 Role of the supervisor 5.10 IVAs and secured creditors 5.10.1 Does an IVA release a creditor s security? 5.11 What if the debtor breaches the terms of his IVA? 5.12 Advantages and disadvantages 5.13 Summary Chapter 6: Bankruptcy 6.1 What is bankruptcy? 6.2 Commencing bankruptcy proceedings 6.2.1 The statutory demand 6.2.2 Service 6.2.3 After service 6.2.4 Challenging a statutory demand 6.3 Who can petition to make a debtor bankrupt? 6.3.1 Creditor s petition: process 6.3.1.1 What to put in the petition 6.3.1.2 Issuing the petition at court 6.3.1.3 Registration as pending action 6.3.1.4 Effect of the petition 6.3.1.5 Service of the petition at court 6.3.1.6 Notice of opposition iii

6.3.1.7 Notices by creditors (supporting or opposing) 6.3.1.8 List of appearances (r6.24 Insolvency Rules 1986) 6.3.1.9 The hearing (r6.25 Insolvency Rules 1986) 6.3.2 Debtor s bankruptcy petition: process 6.4 The bankruptcy order 6.5 The trustee in bankruptcy 6.6 The powers and duties of a trustee in bankruptcy 6.7 The effect of bankruptcy on a debtor 6.7.1 Existing bank accounts 6.7.2 The bankrupt s home 6.7.3 Effect on the debtor s business 6.7.4 Professional impact 6.7.5 Effect on employment and income 6.7.6 The bankrupt s pension 6.7.7 After-acquired property 6.7.8 Choses in action 6.7.9 Additional obligations and liabilities 6.7.9.1 Obligation to co-operate with the TIB 6.7.9.2 Public and private examination 6.8 Bankruptcy offences 6.9 Bankruptcy restriction orders and undertakings 6.10 The effect of bankruptcy on creditors (other than landlords) 6.10.1 Unsecured creditors 6.10.2 Secured creditors 6.10.3 The effect of bankruptcy on the debtor s landlord 6.11 When does a bankruptcy end? 6.11.1 Discharge from bankruptcy 6.11.2 Suspending discharge from bankruptcy 6.11.3 Annulment of a bankruptcy order 6.12 Summary Answers to Self-assessment Questions Appendix Index iv

2014 Copyright CILEx Law School Limited All materials included in this CLS publication are copyright protected. All rights reserved. Any unauthorised reproduction or transmission of any part of this publication, whether electronically or otherwise, will constitute an infringement of copyright. No part of this publication may be lent, resold or hired out for any purpose without the prior written permission of CILEx Law School Ltd. WARNING: Any person carrying out an unauthorised act in relation to this copyright work may be liable to both criminal prosecution and a civil claim for damages. This publication is intended only for the purpose of private study. Its contents were believed to be correct at the time of publication or any date stated in any preface, whichever is the earlier. This publication does not constitute any form of legal advice to any person or organisation. CILEx Law School Ltd will not be liable for any loss or damage of any description caused by the reliance of any person on any part of the contents of this publication. Published in 2014 by: CILEx Law School Ltd College House Manor Drive Kempston Bedford United Kingdom MK42 7AB British Library Cataloguing in Publication Data A catalogue record for this manual is available from the British Library. ISBN 978-1-84256-786-9