Bankruptcy

Business, Innovation and Skills written question – answered am ar 9 Gorffennaf 2009.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of David Drew David Drew Llafur, Stroud

To ask the Minister of State, Department for Business, Innovation and Skills if he will limit the circumstances in which creditors can petition for bankruptcy to cases of borrower fraud and cases where borrowers have wilfully or culpably neglected to engage with a creditor's demands for payment.

Photo of Ian Lucas Ian Lucas Parliamentary Under-Secretary (Department for Business, Innovation and Skills) (Business and Regulatory Reform)

There are no plans to restrict the ability of creditors to petition for bankruptcy to the circumstances suggested. Protections already exist to ensure that bankruptcy is only used as a remedy when genuine recovery attempts have proved to be unsuccessful.

Legislative provisions exist to enable the court to take account of reasonable offers for payment that have been made by the debtor. There is no evidence to suggest that the bankruptcy system is being abused by creditors unwilling to consider such offers and the proportion of bankruptcy orders made on creditors' petitions has remained steady in recent years.

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