DMBM585190 | Pre-enforcement: consider the defaulter: insolvent debtors

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Individuals

Do not start proceedings against an individual if you learn that formal proceedings against them have been started under the Insolvency Acts, that is:

• in England and Wales, where:

• a Bankruptcy Order has been made

• an Interim Order for a Voluntary Arrangement has been made or applied for

• in Scotland, where:

• a petition for sequestration has been made

• a Trust Deed has been signed and lodged with a Trustee.

Insolvent Partnerships

For further information on insolvent partnerships, see DMBM570020.

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Limited companies

Do not start proceedings against a limited company if:

• a petition has been presented to wind up the company (a company liquidation)

• the company has passed a resolution for voluntary winding-up (a company voluntary liquidation)

• a petition has been presented for a Company Administration Order

• a creditors meeting has been held and proposals made for a Company Voluntary Arrangement.

Liquidators

You will find more information about insolvency in the Insolvency Library.