CHAPTER 9

April 2014

CREDITOR ACTION AGAINST THE INSOLVENT AND THE INSOLVENT’S PROPERTY

9.1 Creditor action against the insolvent

This chapter provides guidance and information to assist the official receiver when dealing with the situation of a creditor attempting to take action against the insolvent and, in particular, the property of the insolvent.

The chapter covers the situations where such action is permitted, and provides guidance to assist the official receiver in ensuring that the action is carried out within the limits permitted by the legislation.

The chapter is divided into the following Parts:

Part 1 – Creditor action against the insolvent and the property of the insolvent (paragraphs 9.2 to 9.5)

Part 2 – Power of creditor to take control of a debtor’s goods (paragraphs 9.6 to 9.26)

Part 3 – Creditor taking control of goods – process (paragraphs 9.27 to 9.70)

Part 4 – Creditor taking control of goods and insolvency – general background and initial action to take (paragraphs 9.71 to 9.84)

Part 5 – Insolvency and the execution of a judgment by a creditor (paragraphs 9.85 to 9.101)

Part 6 – Insolvency and the taking control of goods by a creditor other than in execution of a judgment (paragraphs 9.102 to 9.121)

Part 7 – Creditor applying for or enforcing a charge in relation to the insolvent’s property (paragraphs 9.122 to 9.134)

Part 8 – Liens (paragraphs 9.135 to 9.152)

Part 9 – Attachment of earnings and attachment of debt (paragraphs 9.153 to 9.156)

The chapter contains the following Annex

Annex 1 – official receiver’s undertaking to pay rent

The chapter contains the following abbreviations

CRAR – Commercial Rent Arrears Recovery

CSA – Child Support Agency

HCEO – High Court Enforcement Officer

[On to Part 1 – Creditor action against the insolvent and the property of the insolvent]