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Author Archive: Sarah Summers

Overview of the Enforcement Process

Posted by on March 2nd 2017 in Blog Posts, Insolvency

Overview of the Enforcement Process

Before commencing enforcement action you will need to consider whether the debtor can afford to pay the judgment debt. You have spent money obtaining a judgment and you want to be sure that the debtor has sufficient means to pay before spending more money on enforcement action. If you know the debtor well, you might already know about their assets, income and property. If you don’t know if the debtor has means to pay, you might want to consider asking the court for an order that the debtor attends court for questioning. The court will then obtain this information from...

The Insolvency Rules 2017

Posted by on March 2nd 2017 in Blog Posts, Insolvency

The Insolvency Rules 2017

An Overview of Changes

The changes to the Insolvency rules  take effect from 6 April 2017.  The new rules aim to ‘facilitate, and achieve a more effective, efficient and transparent insolvency process’. There are three main purposes to the new rules:

  1. To consolidate The Insolvency Rules 1986 with the 28 updates that have been added to the rules since they came into force in 1986.
  2. To restructure the rules and update the language, including gender neutral referencing.
  3. To modernise the rules. In particular, to allow for updated methods of communication such as using  electronic communication instead of paper documents  and physical meetings, and...

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