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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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Part 1<br />

BANKRUPTCY<br />

The next few chapters describe the bankruptcy process. A typical bankruptcy<br />

looks like the following:<br />

Debtor incurs debt they cannot repay<br />

Is there an alternative to bankruptcy?<br />

YES<br />

• Individual Voluntary Arrangement<br />

• Debt Relief Order<br />

See Chapter 1<br />

NO<br />

Does the debtor want<br />

to go bankrupt?<br />

See Chapter 3<br />

NO<br />

Debtor prefers to aim<br />

<strong>for</strong> settlement<br />

YES<br />

Debtor’s application<br />

See Paragraph 3.3<br />

Statutory demand<br />

See Chapter 4<br />

Judgment returns unsatisfied<br />

See Chapter 4, Box 16<br />

Petition presented and served<br />

See Chapter 5, Paragraphs 5.1 to 5.8<br />

Bankruptcy hearing<br />

See Chapter 5, Paragraphs 5.10 to 5.16<br />

Bankruptcy order<br />

Petition dismissed<br />

Adjournment<br />

Trustee in Bankruptcy appointed<br />

See Chapter 2<br />

Discharge/annulment<br />

See Chapter 9<br />

1

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