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Insolvency:

10th April 2003, Page 26
10th April 2003
Page 26
Page 26, 10th April 2003 — Insolvency:
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Which of the following most accurately describes the problem?

The county court claim and enforcement route sounds good in theory; however, in practice, it can be very time-consuming, and a knowledgeable debtor can use many tactics to delay payment or avoid it completely.

If the debt is over i75o and is undisputed, or you have judgment, you may consider that insolvency proceedings would be a more effective route to recovering your debt.

It is important to note that insolvency proceedings are not intended as a debt recovery tool and the court will frown on its use in this way. However, in reality debtors faced with insolvency proceedings will often pay the debt in frill—and your costs—very quickly.

Bankruptcy

If your claim is against an individual or a partnership, bankruptcy proceedings are appropriate. Proceedings commence with the presentation of a bankruptcy petition to the debtor's local bankruptcy court.

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