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silkeandco.co.uk
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Definitions (48)
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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.
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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 that appoints an administrator to take control of the company. A company can also be put into administration if a floating charge holder, or the directors or the company itself file the requisite notic [..]
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administrative receiver
: An IP appointed by the holder of a debenture that 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.
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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. The right of a debenture holder to appoint an administrative receiver has been restricted by the Enterprise Act 2002.
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administrator
An IP appointed by the court under an administration order or by a floating charge holder or by the company or its directors filing the requisite notice at court.
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annulment
Cancellation.
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assets
: Anything that belongs to the debtor that may be used to pay his/her debts.
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bankruptcy restrictions order or undertaking
A procedure was introduced on 1 April 2004 whereby a bankrupt who has been dishonest or in some other way to blame for their bankruptcy may have a court order made against them or give an undertaking to the Secretary of State which will mean that bankruptcy restrictions continue to apply after discharge for a period of between two to fifteen yea [..]
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charge
Security interest taken over property by a creditor to protect against non-payment of a debt (such as a mortgage).
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