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Insolvency Made Clear: A Guide for Debtors

Plain English, practical guidance for anyone facing demands over a debt they are struggling to pay.

Plain English, practical guidance for anyone facing demands over a debt they are struggling to pay.

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<strong>Insolvency</strong> Law <strong>Made</strong> <strong>Clear</strong> – A <strong>Guide</strong> For <strong>Debtors</strong><br />

2.2 The estate of the bankrupt 14<br />

2.2.1 Exceptions 14<br />

2.2.2 Legal claims 15<br />

2.2.3 Trusts 16<br />

2.2.4 Pensions 16<br />

2.2.5 Jointly held property 16<br />

Box 5:<br />

How much of the house does the bankrupt own?<br />

17<br />

2.3 Sale of the estate 17<br />

2.3.1 Sale of shares 18<br />

2.3.2 Sale of house 18<br />

2.4 Disclaimer of property 18<br />

Box 6: Relationship with the Trustee 19<br />

2.5 Review of the conduct of the bankrupt 20<br />

2.6 Increasing the asset pool 20<br />

Box 7: Validation orders 24<br />

2.7 Calculating the debts of the bankrupt 25<br />

Box 8: Proof of debt 26<br />

2.8 Effect on the bankrupt’s career and business 26<br />

Box 9: Bankruptcy and employment 27<br />

2.9 Inability to obtain credit 28<br />

2.10 Running the bankrupt’s business 29<br />

2.11 Effect on immigration status 29<br />

2.12 After-acquired property 30<br />

2.13 Income payments orders 30<br />

2.14 Distribution to creditors 33<br />

2.15 Publicity of bankruptcy 34<br />

2.16 Investigations by the Trustee in Bankruptcy 35<br />

2.16.1 Investigation powers 35<br />

Box 10: Bankruptcy offences 37<br />

2.17 Length of bankruptcy and effect of discharge 37<br />

viii

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