Grounds for a Bankruptcy Restriction Order

Pursuant to Schedule 4a Para 2(2) of the Insolvency Act (as ammeneded by the Enterprise Act 2002) the following matters are included in those that should be considered in whether an application to Court for a Bankruptcy Restriction Order should be made.

  • Failing to keep records that account for a loss of property by the individual or their business.
  • Failure to produce records to the OR or Trustee.
  • Entering into a Transaction at an Undervalue or giving a Preference (see Voidable Transactions).
  • Making excessive pension contributions.
  • Failure to co-operate with the OR / Trustee.
  • Gambling or rash and hazardous speculation.
  • Incurring a debt with no reasonable prospect of repaying it.
  • Failure to account to the OR / Trustee / Court for a loss of property.
  • Trading whislt they knew or ought to have known they were unable to repay their debts.

    - Neglect of business affairs.

    - Fraud.

    - Failure to supply goods or services that had been paid for either partly or in full, that led to a [[Bankruptcy Debt]].