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Insolvency compliance defined

  by Caroline Clark, Director of RMCSC Limited   Insolvency practitioners, who have studied to pass the professional exams, will have learnt about insolvency legislation. This includes law and rules, Statements of Insolvency Practice, regulations, case law and the insolvency ethical code. The ultimate purpose of all this legislation is to ensure that insolvency practitioners do a good […]

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Creditor Portals do not equal Creditor Engagement

  by Mike Pavitt, Partner of Paris Smith LLP Solicitors   So-called “Creditor Portals”, and other similarly titled electronic platforms by which insolvency practitioners typically circulate any meaningful information to creditors about insolvent estates, have been a bugbear of mine ever since they were first used a little while ago. Don’t get me wrong; I absolutely applaud the […]

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Is the banking system still in crisis?

  By Julian Donnelly 9th October 2015   I wrote back in July that it was seemingly likely that interest rates would go up either by the end of this year or early 2016. It now appears that the markets are not expecting a rate for another year possibly (I believe this was the same last […]

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A New Dawn for Personal Bankruptcy?

  By Julian Donnelly 1st October 2015     You may or may not be aware, but as of the 1st October 2015, the minimum debt level required to go bankrupt has been increased from £750 (where it had been since the introduction of the 1986 Insolvency Act) to £5,000. There are those that argue […]

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Director’s Loan Accounts

By Julian Donnelly 9th September 2015   In previous articles, we’ve looked at limited companies and directors liabilities as well as personal guarantees. In this piece, I’d like to look at one of the most common pitfalls directors face – overdrawn director’s loan accounts. For the uninitiated, the director’s loan account is an internal company account […]

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Limited Companies and Directors Liabilities

By Julian Donnelly 27th August 2015   So, you’re the director of a limited company and things aren’t going so well. You decided to close the business, but that’s ok as the debts are the company’s, not yours, right? Unfortunately, this isn’t always the case – there are circumstances where company directors can be held personally […]

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Bankruptcy and Income Payment Orders (IPOs)

By Julian Donnelly 29th July 2015   In previous articles, we’ve examined such questions as “Should you go bankrupt?” and looked at issues such as “bankruptcy and your home”. In this article, we should look at another common element of personal bankruptcy (in England and Wales) called Income Payment Agreements/Orders – both ostensibly the same […]

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Bankruptcy and your home

By Julian Donnelly 29th July 2015   In a previous blog, we addressed the question “Should you go bankrupt?”. We looked at some of the common questions/misconceptions about modern personal bankruptcy (specifically in England and Wales) following the introduction of the 2002 Enterprise Act. As the fate of your home is usually by far the […]

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Should you go bankrupt?

By Julian Donnelly 24th July 2015   For an individual dealing with unmanageable debt, there are several options out there which can be used to resolve the situation, such as: Looking at the household budget to see where/if savings can be made; Speak to your creditors directly and see what they can do to help; […]

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Interest Rate Rises And The Quest For The “New Normal”

By Julian Donnelly 21st July 2015 I find it interesting that things seem to be going almost full circle in the banking sector, almost back to how it was when I first started in 1990. With the re-appearance of TSB (“the bank that likes to say yes”), we could also see the resurgence of another […]

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