What is bankruptcy?

A creditor can issue a bankruptcy petition against an individual if they are owed a debt of more than £5,000. 另外, an individual can present their own bankruptcy petition by applying 在线 and declaring themselves bankrupt. Once a bankruptcy order is made, 个人的资产归bbin试玩体验金受托人所有,其中可能包括bbin试玩体验金人在婚姻居所的权益. 一旦委任,受托人将处理债务人资产的变现问题,如果有足够的资金可用, distribute these to creditors.

bbin试玩体验金Statutory Demand

债权人可以向个人发出法定催款单,试图收回5英镑以上的债务,000. 法定要求需要以规定的方式送达,通常由处理服务者代表律师履行这一职责. The statutory demand needs to be in a form and a witness statement is completed following its presentation.

个人将有21天的时间对法定要求作出回应,并有以下选择之一

  1. 什么都不做
  2. Pay the outstanding debt or negotiate a settlement time period to repay
  3. 申请搁置法定要求,这将涉及法庭聆讯,有争议的债务将在聆讯中进行.

bbin试玩体验金 Petition

若债权人已取得判定债项或法定索偿书而未导致该债项被偿还, then a bankruptcy petition will be presented against the debtor. 再一次, 在此过程中,律师会协助进行,以确保表格符合《bbin试玩体验金规则》的规定.

In presenting the petition, 法院需要法定证据,显示需求申请出具证书或被法警或警长在一份声明中提供证明判断订单了,他们无法恢复足够的资产来满足债务.

The court fees for making someone bankrupt are £990 for the petitioners deposit and £280 for court costs. bbin试玩体验金申请一旦在法庭提出,便会举行聆讯,并将bbin试玩体验金申请送达债务人.

Debtor’s Online bbin试玩体验金 Application

An individual can petition their own bankruptcy by applying 在线 at a cost of £680. It is important that if you declaring yourself bankrupt, then you will need to ensure that you provide details of your income and expenditure for example wage slips, 养老金, council tax bills and credit card information.

bbin试玩体验金 Order

无论个人提出bbin试玩体验金呈请或bbin试玩体验金呈请由债权人提出,bbin试玩体验金令都会发出.

Once a bankruptcy order is made, the case is initially handled by the Official Receiver who will become the Trustee in bankruptcy. bbin试玩体验金人有责任与bbin试玩体验金管理署署长合作,并须视乎债务水平,与bbin试玩体验金管理署署长面谈.

bbin试玩体验金管理署署长会将一份bbin试玩体验金调查表送交债务人,申请人须填妥并交回. The booklet focuses on the bankrupt’s assets including details of the matrimonial home; any other assets; details of income and a list of creditors. 它还将查明过去5年是否有任何资产处置,或与关联方进行过任何交易.

Effects of bbin试玩体验金

Ordinarily, an individual will remain bankrupt for a period of one year until they receive discharge. There are various obligations placed on the bankrupt including co-operating with the Trustee, delivering all books and records and attending any set meetings. 若不与受托人合作,可导致在一段特定时间内或直至bbin试玩体验金人遵守协议,终止bbin试玩体验金.

Whilst bankrupt an individual is unable to act as a Company director and will be unable to obtain credit. 有多项bbin试玩体验金罪行可能导致bbin试玩体验金人接获bbin试玩体验金限制令,期限为2至15年.

Meeting of Creditors

Based on the information gathered at the interview, the Official Receiver will decide within the first 12 weeks in office, whether it is appropriate to convene a meeting of creditors for a Trustee to be appointed. 如有价值超过50%的债权人要求委任某一bbin试玩体验金从政员,bbin试玩体验金管理署署长可委任国务秘书.

另外, 如果有超过25%的价值债权人要求召开会议以任命独立受托人,则可以要求召开债权人会议.  

At the meeting of creditors, 受托人将由出席会议或由代理人投票的债权人的简单多数指定.

The Bankrupt’s Estate

All property belonging to the bankrupt at the commencement of bbin试玩体验金 vests in the Trustee on appointment. This includes all assets of the Bankrupt including their interest in the matrimonial home.

受托人有责任审查任何在bbin试玩体验金呈请前可能已发生的交易,而该交易的期限最长可延长至5年. This can include any transfers of assets at any undervalue or any preferences to connected or unconnected parties. The Trustee will seek to investigate these transactions and attempt to attack them in order to benefit the estate.

除了, the bankrupt has a duty to report to the Trustee any after acquired property and any windfalls (e.g. national lottery) which may be received following bankruptcy. bbin试玩体验金人亦可透过一项潜在的入息支付安排或令(IPO/IPA),在bbin试玩体验金后的3年内向遗产作出供款.

There are however various assets which are excluded from the estate which may include:-

  1. Tools, books, vehicles which are necessary for the bankrupt’s trade
  2. Household affects for basic domestic needs
  3. Approved HMRC 养老金

Matrimonial bbin试玩体验金

受托人有3年的期限,由bbin试玩体验金开始时算起,以实现bbin试玩体验金人在该婚姻居所的权益. This is obviously a sensitive matter as there are other parties affected by this process e.g. spouse, civil partner, children and former spouse.

If there are children under the age of 18, the Trustee will be unable to realise the property for the first year of bbin试玩体验金.  The equity of the bankrupt will be dependent on whether the home is held in joint names; tenants in common; the bankrupt’s sole name; sole name of the non-bankrupt spouse and there is much case law surrounding the realisation of the matrimonial home as it is such a sensitive issue.

在大多数情况下, 为了购买bbin试玩体验金者在婚姻住宅中的份额,将首先与配偶接触,如果失败,可以寻求自愿出售财产. 在某些情况下,需要向法院提出收回和出售的申请,而法院则需要考虑第三方占有的权利.

最后, 在某些特殊情况下,受托人可能无法实现bbin试玩体验金人的利益, 年迈的母亲, unforeseen illnesses, adaptation of the house for disability and these will need to be proven to the court.

Discharge of bbin试玩体验金

如果受托人没有提出暂停bbin试玩体验金的申请,bbin试玩体验金人会在一年后自动解除bbin试玩体验金. On discharge, the assets remain vested with the Trustee and the Trustee will remain in office.

取消

The Bankrupt might wish to seek an annulment of the bbin试玩体验金 Order on one of the following bases:-

  1. That the Order should never have been made and they were in fact solvent.
  2. That the bankruptcy debts can be paid in full.
  3. That creditors approve the basis of an Individual Voluntary Arrangement (IVA) as it will result in a better outcome for creditors as opposed to remaining in bbin试玩体验金.

Trustee Final Meeting of Creditors

Once all assets have been realised and any distributions paid to creditors, 受托人将召开债权人最后一次会议,以便获准离职,并就最终收支帐目达成一致.