INSOLVENCY

The issue to be determined was whether “paid”, under s 282(1)(b) of the Insolvency Act 1986, includes the provision of security for a debt.

HELD The wording of s 282 makes it clear that, in order for the court to exercise its discretion to order annulment, the bankruptcy debts and expenses must have been paid; the qualification “to the satisfaction of the court” governs the giving of security. If the court makes an order for annulment, it has the power to specify that the order should not take effect until a later date.

However, it is an order in the meantime; its operation being suspended until the conditions specified by the court have been satisfied. The conditions which will normally be required to be satisfied are that the receiver must have notified the court that debts in the sum specified in the bankruptcy order have been paid, and that there is security in relation to any other unproven sums.