- Individual Voluntary Arrangements (IVA's)
- Bankruptcy Return to homepage
- Debt Relief Orders (DRO's)
- Debt Management Plans (DMP's)
- Informal Agreement with Creditors
- County Court Administration Order (CCAO)
- Trust Deeds (Scotland)
- Consolidation Loan
- Mis-sold Payment Protection Insurance (PPI)
- Debt Calculator
273. Appointment of insolvency practitioner by the court
(1) Subject to the next section, on the hearing of a debtor's petition the court shall not make a bankruptcy order if it appears to the court -
(a) that if a bankruptcy order were made the aggregate amount of the bankruptcy debts, so far as unsecured, would be less than the small bankruptcies level,
(b) that if a bankruptcy order were made, the value of the bankrupt's estate would be equal to or more than the minimum amount,
(c) that within the period of 5 years ending with the presentation of the petition the debtor has neither been adjudged bankrupt nor made a composition with his creditors in satisfaction of his debts or a scheme of arrangement of his affairs, and
(d) that it would be appropriate to appoint a person to prepare a report under section 274.
“The minimum amount” and “the small bankruptcies level” mean such amounts as may for the time being be prescribed for the purposes of this section.
(2) Where on the hearing of the petition, it appears to the court as mentioned in subsection (1), the court shall appoint a person who is qualified to act as an insolvency practitioner in relation to the debtor -
(a) to prepare a report under the next section, and
(b) subject to section 258(3) in Part VIII, to act in relation to any voluntary arrangement to which the report relates either as trustee or otherwise for the purpose of supervising its implementation.