header-logo header-logo

22 October 2021 / John O'Hare
Issue: 7953 / Categories: Features , Procedure & practice , Insolvency
printer mail-detail

Insolvency law as an aid to debtors

61714
John O’Hare explores the options available to help people with financial troubles
  • Applying to become bankrupt.
  • Applying for help to avoid bankruptcy.

There are several ways by which an individual or company oppressed by debts can seek help from the law. The first one we describe is somewhat drastic. Debtors themselves may commence bankruptcy proceedings so relieving them of the need to continue responding to any debt proceedings already commenced against them. Nowadays the application is made, not at a court but online giving full details of one’s income, outgoings and debts and paying the fee (currently £680). The online form is transmitted directly to the Official Receiver at the Insolvency Service Office you select (see furtherhttps://www.gov.uk/apply-for-bankruptcy). However, before taking such a step, it is always appropriate to consider whether the debtor can obtain, by consent or by order, a stay of execution in respect of the biggest debt or debts.

Other ways in which insolvency law can help debtors is aimed in the opposite direction; giving the debtor a moratorium on the enforcement

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll