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Accessible legal tips, know-how and news for anyone with a complaint or legal issue from Stephen Gold, author of The Return of Breaking Law, the book

Showing posts with label liquidation. Show all posts
Showing posts with label liquidation. Show all posts

Tuesday, 7 March 2017

INSOLVENCY LAW CHANGES

This is for insolvency law anoraks and anyone wishing to avoid reading 444 pages of the Insolvency (England and Wales) Rules 2016 SI 2016/1024. They come into force on 6 April 2017 along with parts of the Small Business, Enterprise and Employment Act 2015 and the Deregulation Act 2015, the net result being -

  • replacement of the Insolvency Rules 2016.
  • modernisation of insolvency practice and procedure.
  • permission to a liquidator and trustee in bankruptcy to pay out a creditor who is owed no more than £1,000 without the need for them to submit a formal claim so that reliance can be placed on the company's or bankrupt's statement of affairs or account records as to how much is owed and to whom.
  • makes the official receiver the trustee of the bankrupt's property as soon as a bankruptcy order is made (unless the court appoints the supervisor of a failed voluntary arrangement as trustee which it is empowered to do).
  • abolishes the final meeting of creditors.
  • removes meetings as the default mechanism for liquidators and trustees seeking decisions from creditors.

Wake up. It's time to go to bed!