18. Insolvency terms - what do they mean? |
Assets
Anything that belongs to you that may be used to pay your debts.
Bankruptcy order
A court order making you bankrupt.
Bankruptcy restrictions order or undertaking
A procedure whereby you may have a court order made against you or give an undertaking which will mean that bankruptcy restrictions continue to apply for a period of between 2 to 15 years.
Bankruptcy petition
A request made (by you as the debtor or by a creditor) to the court for you to be made bankrupt and giving the reasons why.
Charging order
An order made by the court which gives the trustee a legal charge on your interest in your home. This continues even after you are discharged from bankruptcy.
Creditor
Someone to whom you owe money.
Discharge
Freed from bankruptcy
Estate
Your assets or property which your trustee can deal with to pay your creditors.
Income payments agreement
You may enter into a written agreement with your trustee to pay him or her part of your wages, salary or other income for an agreed period.
Income payments order
The court may order you to pay part of your wages, salary or other income to the trustee if your income is more than you or your family need to live on.
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.
Interest
A right to, or share in, a property.
Legal charge
A form of security (e.g. a mortgage) to ensure payment of a debt.
Petition
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 occupational pension schemes and employees.
Proxy
Instead of attending a meeting, a person can appoint someone to go and vote in their place -a ‘prox
Public examination
The court may order that a bankrupt be questioned in open court about his or her affairs, dealings and property.
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.
Unsecured creditor
A creditor who does not hold security (such as a mortgage) for money owed. Some unsecured creditors may also be preferential creditors.
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