Applications to Set Aside Judgment in Default

According to the latest statistics published by the Ministry of Justice 1,040,589 money claims were issued in England and Wales during 2010. It is believed that the 2011 figures (once published) will be even higher. With over a million claims …

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Beneficial interests in the bankrupt’s home

On 9th November 2011 the Supreme Court handed down its decision in Jones v Kernott [2011] UKSC 53. The case decided the respective shares in a former family home which was jointly owned by two unmarried persons, who had separated …

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If you’ve let debts stack up, facing reality is your best bet

Why paying off your personal debts may not be such a bad idea after all, explains Westcountry insolvency lawyer Andrew Knox and family lawyer Mark Smith… As the Prime Minister David Cameron said in his recent party conference speech, “We …

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The payment of costs of a winding up petitioner as an expense of the administration

The payment of costs of a winding up petitioner as an expense of the administration The High Court on 10 February 2010 issued guidance as to how to treat the situation where a company has been the subject of a …

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Are we out of the woods yet?

Are we out of the woods yet? With the insolvency figures for the last quarter of 2009 published on 5 February 2010, insolvency professionals have been looking for signs that we are emerging from the worst recession in 60 years. …

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Ten Insolvency Myths

TEN INSOLVENCY MYTHS   1. “My company has debts and a creditor is claiming that I have to pay him back personally” Wrong. A limited company is a separate legal entity from its directors and shareholders. If the company has …

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Rent is a necessary disbursement

Rent is an administration expense (or a necessary disbursement)   Goldacre (Offices) Limited v Nortel Networks UK Limited (in administration) [2009] EWHC 3389 (Ch) Facts Administrators continued to occupy part of premises leased from Goldacre. The administrators sought to pay …

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Bankruptcy – can a creditor refuse an offer of adequate security?

Section 271(3) Insolvency Act 1986 provides that “….the court may dismiss the (bankruptcy) petition if it is satisfied that the debtor is able to pay all his debts or is satisfied – (a) that the debtor has made an offer …

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Going Bust – Insolvency Procedures

Creditors are often confused by the plethora of different formal insolvency procedures. Understanding jargon and processes helps creditors know how to react when encountering them. Procedures can be classified as follows: Winding up For companies, partnerships and LLPs, this is …

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Collecting your debts- taking precautions

Failure to make payment on time, or at all, invariably results from two categories of customer – those who can’t pay and those who won’t pay. There are a number of steps that a business can take to minimise the …

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