Chapter 20 - Bankruptcy Flashcards
Informal options for a person facing financial difficulties (4)
- Informal Arrangement
- Re-mortgage
- Consolidate Loans
- Debt management plans
Formal options for a person facing financial difficulties
- IVA
- Bankruptcy
- Debt Relief order
- Temporary Debt Respite order
What are the three routes into bankruptcy?
- Debtor application
- Creditor application
- Supervisor of a defaulted IVA
If a debtor has already had a Debt Relief Order, in what time period would they be eligible to apply for a another DRO?
Will not be eligible to apply for a DRO again for a period of 6 years
Debt Relief Order eligibility criteria
- be unable to repay debts
- have unsecured debts of under £30,000
- have assets less than £2,000
- have surplus income of less than £75 per month
- lived or worked in England or Wales in last 3 years
- No pending bankruptcy petition or DRO in last 6 years
- not be involved in any other formal insolvency proceedings at the time of application of DRO.
How long does a Debt Relief Order last?
12 months
Will the debtor be protected from enforcement action by the creditors included in the Debt Relief Order?
Yes
Will a debtor be free from the debts at the end of the Debt Relief Order?
Yes
Can a debtor subject to a Debt Relief Order manage a limited company or act as a director?
No
What are the obligations of a debtor subject to a Debt Relief Order (4)
- Must comply with OR’s request for info
- Inform the OR of any assets obtained/increases in income
- Must not obtain credit of £500 or more without disclosing the DRO
- Not make payments direct to creditors included in the DRO
Temporary Debt Respite - how long does it last?
60 days
What is a county court administration order?
Debtor unable to satisfy a County Court Judgement
Have at least 2 creditors totalling no more than £5k
If made the administration order will provide for the payment of the total debt in instalments
What percentage of creditors have to agree to an IVA?
75%
How long does a bankruptcy last?
1 year
What is the threshold for someone petitioning for bankruptcy?
£5,000