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Published 30 June 2021
This article looks at how to deal with bankrupt Claimants and the effect that their bankruptcy has on both pre and post litigated claims, where the Credit Hire Organisations (CHOs) may continue to pursue the claim. We have focused on the law surrounding bankruptcy including what types of claim remain vested in a Claimant as well as how to deal with such a claim and issues that may arise.
It is important to note that this guidance relates only to bankrupt Claimants, and not those subject to an IVA. An IVA will not have any effect on the Claimant’s ability to pursue their claim for damages.
The law of bankruptcy
Are credit hire and vehicle related damages ‘property’ or ‘personal’ heads of loss?
The effect of a bankrupt Claimant
How to deal with a bankrupt Claimant
 Section 306 Insolvency Act 1986 Section 283 Insolvency Act 1986 Section 436 Insolvency Act 1986
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Andrew Parker, Peter Allchorne, Michael McCabe