Insolvency Made Clear: A Guide for Debtors

Contents
Box 29: Removing entries at the Land Registry 145
Chapter 10 Death and Bankruptcy 147
Box 30: Key terminology 147
10.1 Death before the presentation of a bankruptcy petition 148
Box 31:
What happens if the PR refuses to pay an admitted
debt? 148
Box 32: Sources for the law 149
10.1.1 Out of court 149
10.1.2 CPR Part 64 application 150
10.1.3 Insolvency Administration Orders 150
Box 33: ‘Survivorship’ and jointly owned property 151
10.2 How to choose between the three options – from the
perspective of the PR 152
Box 34:
What if the petitioning creditor does not know the
debtor has died? 152
10.3 Death after presentation of the bankruptcy petition 153
10.4 Death after bankruptcy order is made 153
Chapter 11 Guarantees 155
11.1 What is a guarantee? 156
11.2 Why guarantees might be unenforceable 156
11.2.1 Does the guarantee apply to the debt? 156
11.2.2 Has there been a proper demand under that
guarantee157
11.2.3 Is the guarantee valid? 158
Box 35: Independent legal advice 158
Box 36: Other reasons to challenge a guarantee 160
11.3 Evidence to present to the bankruptcy court 160
PART 2
CORPORATE INSOLVENCY
Chapter 12 Companies going insolvent 165
Box 37: Terminology 165
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