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15 - Insolvency

Published online by Cambridge University Press:  05 November 2011

David Hoffman
Affiliation:
18 St John St Chambers, Manchester
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Summary

Personal insolvency (bankruptcy) is a widespread and growing phenomenon in England and Wales. In the simplest case, any person who owes more than £750 can, upon payment of a relatively modest fee and completion of two simple forms (available online), petition for his or her own bankruptcy. The hearing of that petition is advertised, often in the ‘small ads’ of the local press. All that then remains is for the petitioner to persuade a judge at their local County Court, in a private hearing likely to take only a matter of minutes, that they are genuinely unable to pay their debts. In most cases, this is abundantly self-evident from their Statement of Affairs – indeed, it is not challenged – and the petition is granted without demur. An interview at the local office of the Insolvency Service (often, but not invariably) follows, the creditors are contacted, and the Statement of Affairs is approved. Save in cases of misconduct, most bankrupts are automatically discharged within a year.

Although the administrative ease with which bankruptcy can be entered is perhaps a melancholy counterpart to the ease with which the want of solvency was arrived at, the potentially traumatic effect of bankruptcy itself is not ameliorated, especially in relation to what is often the principal asset – the family home.

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Chapter
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Publisher: Cambridge University Press
Print publication year: 2011

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References

Banks, J.Tanner, S.Home-Ownership and Saving in the UKHousing Finance 45 2000Google Scholar
Hussain, I.Macroeconomic Determinants of Personal BankruptciesManagerial Finance 28 2002CrossRefGoogle Scholar
Harpum, C.Bridge, S.Dixon, M.Megarry and Wade: The Law of Real PropertyLondonSweet & Maxwell 2008Google Scholar
Sealy, L.Milman, D.Annotated Guide to the Insolvency Legislation 2011LondonSweet & Maxwell 2011Google Scholar

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  • Insolvency
  • Edited by David Hoffman
  • Book: The Impact of the UK Human Rights Act on Private Law
  • Online publication: 05 November 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511920844.018
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  • Insolvency
  • Edited by David Hoffman
  • Book: The Impact of the UK Human Rights Act on Private Law
  • Online publication: 05 November 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511920844.018
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Insolvency
  • Edited by David Hoffman
  • Book: The Impact of the UK Human Rights Act on Private Law
  • Online publication: 05 November 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511920844.018
Available formats
×