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Administration
Order
An order made in a county court to arrange and administer the payment of debts
by an individual; or an order made by a court in respect of a company which
appoints an administrator to take control of the company.
Administrative
Receiver
Insolvency practitioner (IP) appointed by the holder of a debenture, which
is secured by a floating charge that covers the whole or substantially the
whole of the company's assets. The IP's task is to realise those assets on
behalf of the debenture holder.
Administrative
Receivership
The process where an insolvency practitioner is appointed by a debenture holder
(lender) to realise a company's assets and pay preferential creditors and
the debenture holder's debt.
Administrator
Insolvency Practitioner appointed by the court under an administration order.
Annulment
Cancellation.
Assets
Anything that belongs to the debtor that may be used to pay his/her debts, subject to certain exceptions.
Bankruptcy
Personal insolvency proceedings.
Bankruptcy
Order
Order of the court, based on a creditor's or debtor's petition, which makes
an individual bankrupt.
Bankruptcy
Petition
A request made (by the debtor or by a creditor) to the court for the debtor
to be made bankrupt and giving the reasons why.
Certificate
of Summary Administration
Issued by the court in Bankruptcy proceedings in circumstances where a bankrupt
has filed his or her own petition and where the debts are less than the small
Bankruptcy level (currently £20,000).
Charge
Security interest taken over property by a creditor to protect against non-payment
of a debt (such as a mortgage).
Charging
Order
An order made by the court which gives the Trustee a legal charge on the debtor's
interest in his/her home. This continues even after the debtor is discharged
from Bankruptcy.
Company
Directors Disqualification Act 1986
An Act of Parliament about the disqualification of directors.
Compulsory
Liquidation
Winding up of a company after a petition to the court, usually by a creditor.
Contributory
Every person liable to contribute to the assets of a company if it is wound
up. In most cases this means shareholders who have not paid for their shares
in full.
Creditor
Someone owed money by a Bankrupt or company.
Debenture
Document in writing, usually under seal, issued as evidence of a debt or the
granting of security for a loan of a fixed sum at interest (or both). The
term is often used in relation to loans (usually from banks) secured by charges,
including floating charges, over companies' assets.
Debtor
A person who owes money.
Debts
Money owed by a debtor.
Deed
of Arrangement
Arrangement (governed by the Deeds of Arrangement Act 1914) proposed by the
debtor for payments to his or her creditors. It is occasionally used instead
of an Individual Voluntary Arrangement, particularly where creditors already
agree to the terms of the arrangement and are not likely to take other action
to recover their debt.
Director
A person who conducts the affairs of a company.
Discharge
Process which frees a Bankrupt from the restrictions of Bankruptcy and releases
him or her from most Bankruptcy debts.
Disqualification
A procedure whereby a person has a court order made against them which makes
it an offence for that person to be involved in the management or directorship
of a company for the period specified in the order (unless leave has been
granted by the court).
Dividend
Any sum distributed to unsecured creditors in an insolvency.
Estate
Assets in the property which the debtor's Trustee can deal with to pay his/her
creditors.
Ex
officio
By virtue of the person's office.
Fixed
charge
Charge held over specific assets. The debtor cannot sell the assets without
the consent of the secured creditor.
Floating
charge
A charge held over general assets of a company. The assets may change (such
as stock) and the company can use the assets without the consent of the secured
creditor until the charge "crystallises" (becomes fixed). Crystallisation
occurs on the appointment of an administrative receiver, on the presentation
of a winding-up petition or as otherwise provided for in the document creating
the charge.
Guarantee
An agreement to pay a debt owed by a third party. It must be evidenced in
writing for it to be enforceable.
Income
Payments Order
The court may order the Bankrupt to pay part of his/her wages, salary or other
income to the Trustee if his/her income is more than he/she or his/her family
need to live on.
Insolvency
Defined alternatively as having insufficient assets to meet all debts, or
being unable to pay debts when they are due.
Insolvency
Act 1986
Legislation introduced to consolidate (bring together) insolvency law and
procedures.
Insolvency
Practitioner
An authorised person who specialises in insolvency, usually an accountant
or solicitor. They are authorised either by the Secretary of State or by one
of a number of recognised professional bodies.
Insolvency
Services Account (ISA)
The account at the Bank of England into which money realised from the assets
in bankruptcies and compulsory liquidations is paid.
Interest
A right to, or share in, a property.
Interim
Receiver
The court may appoint the Official Receiver to act as interim receiver of
an individual's property (usually to protect and secure it), after the presentation
of the Bankruptcy petition but before a Bankruptcy order is made.
Legal
charge
A form of security (e.g. a mortgage) to ensure payment of a debt.
Liquidation
(winding up)
Applies to companies or partnerships. It involves the realisation and distribution
of the assets and usually the closing down of the business. There are three
types of liquidation - compulsory, creditors' voluntary and members' voluntary.
Liquidator
The Official Receiver or an Insolvency Practitioner appointed to administer
the liquidation of a company or partnership.
Local
Office Ledger Accounting system (LOLA)
The computerised estate accounting system used by Official Receivers to record
financial transactions on estates administered by them.
London
Gazette
Official publication of the Government, which contains legal notices.
Member
(of a company)
A person who has agreed to be, and is registered as, a member, such as a shareholder
of a limited company.
Nominee
Insolvency Practitioner who carries out the preparatory work for a Voluntary
Arrangement, before its implementation.
Officer
(of a company)
A director, manager or secretary of a company.
Official
Receiver
An officer of the court and civil servant employed by The Insolvency Service,
who deals with Bankruptcies and compulsory company liquidations.
Petition
A formal application made to a court. (Also see Bankruptcy Petition .)
Preferential
creditor
A creditor in Bankruptcy proceedings who is entitled to receive certain payments
in priority to other unsecured creditors. These creditors include government
departments, occupational pension schemes and employees.
Proof
of Debt
Statutory form completed by a creditor in a compulsory liquidation to state
how much is claimed. The form is supplied by the Trustee or Liquidator.
Provisional
Liquidator
OR/IP appointed to preserve a company's assets pending the hearing of a winding
up petition.
Proxy
Instead of attending a meeting, a person can appoint someone to go and vote
in their place - a 'proxy'.
Proxy
form
Form which must be completed if a creditor wishes someone else to represent
him or her at a creditors' meeting and vote on his or her behalf.
Public
Examination
When a company is being wound up or in Bankruptcy proceedings, the Official
Receiver may at any time apply to the court to question the company's director(s)
or any other person who has taken part in the promotion, formation or management
of the company or the Bankrupt.
Realise
To sell an insolvent company's or individual's assets and obtain the proceeds.
Receiver
Commonly used name for an Administrative Receiver. The term can also mean
a person appointed by the court or with the power to receive the rents and
profits of property. Receivers who are not Administrative Receivers do not
need to be Insolvency Practitioners.
Receiver
and Manager
When a Bankruptcy Order is made, the Official Receiver becomes receiver and
manager to protect the bankrupt's estate. This happens before the Official
Receiver becomes Trustee or before an Insolvency Practitioner is appointed
in his or her place.
Receivership
A company in Administrative Receivership is often said to be "in receivership".
Rescission
A procedure which cancels a winding-up order.
Release
The process by which the Official Receiver or an Insolvency Practitioner is
discharged from the liabilities of office as Trustee/Liquidator or administrator.
Secretary
of State
The Secretary of State for the Department of Trade and Industry
Secured
creditor
Creditor who holds security, such as a mortgage, over a person's assets for
money owed.
Shadow
Director
A person who, without being formally appointed, gives instructions on which
the directors of a company are accustomed to act.
Statement
of Affairs
Document sworn under oath, completed by a Bankrupt, company officer or director(s),
stating the assets and giving details of debts and creditors.
Summary
Administration
Where a Bankrupt has filed his or her own petition and the unsecured debts
are less than the small Bankruptcy level (£20,000), the court can issue
a certificate for the summary administration of the estate. In such cases
the Bankrupt is discharged after two years. The Official Receiver will usually
be the Trustee. The certificate for summary administration does not prevent
the Official Receiver from seeking further information from you.
Supervisor
Insolvency Practitioner appointed to supervise the carrying out of an Individual
or Company Voluntary Arrangement.
Trustee
The Trustee in Bankruptcy is either the Official Receiver or an insolvency
practitioner who takes control of your assets. The Trustee's main duties are
to sell these assets and share the money out among the creditors.
UNCITRAL
United Nations Commission on International Trade Law.
Unsecured
Creditor
A creditor who does not hold security (such as a mortgage) for money owed.
Some unsecured creditors may also be preferential creditors.
Voluntary
Liquidation
Method of liquidation not involving the courts or the Official Receiver. There
are two types of voluntary liquidation - Members' Voluntary Liquidation for
solvent companies and Creditors' Voluntary Liquidation for insolvent companies.
Winding
up Order
Order of a court, usually based on a creditor's petition, for the compulsory
winding up or liquidation of a company or partnership
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